Proposal for COUNCIL REGULATION (EC) 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
Date: 1994-05-24
Institutions: European Commission
Subjects: bull, cow, customs document, exchange of information, heifer, tariff quota

COMMISSION  OF  THE  EUROPEAN  COMVÎUNITIES 

C0M(94) 181 final 
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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) 

I 

/' 

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. 

-2-

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 
in  particular  Article  113 

Community,  and 

thereof, 

Having  regard  to  the  proposal  from  the  Commission, 

Whereas  the  European  Community  has  undertaken 

w i t h in  the  framework  of  the  General  Agreement 

on  T a r i f fs  and  Trade  (GATT),  to  open  an  annual 

Community  t a r i ff  quota  of  S  000  head  at  a  duty 

of  4  %  for  b u l l s,  cows  and  h e i f e r s,  other  than 

those 

intended  for  slaughter  of  the  mottled 

Simmental  breed  and  the  Schwyz  and  Fribourg 

breeds,  and  another  annual  Community 

t a r i ff 

quota  of  42  600  head  at  a  duty  of  4  X  for  cows 

and  h e i f e r s,  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  c e r t a in  p e r i o d;  whereas  Council  Regulation 

(EEC)  N»  2 9 1 3 / 9 2 0)  p r o v i d e s, 

in 

i ts  A r t i c le 

8 2,  for  customs  supervision  of  goods  put 

i n to 

f r ee  c i r c u l a t i on  at  a  reduced  r a te  of  duty  on 

account  of  t h e ir  end-use;  whereas  the  above-

mentioned  t a r i ff  quotas  should  t h e r e f o re  be 

opened  for  the  period  1  July  1994  to  30  June 

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. 

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 

Quota 
volume 

Quota duty 

Cows and heifers other  than  those  intended  for slaughter, of 
the  following  mountain  breeds :  grey,  brown,  yellow  and 
( s) 
mottled  Simmental  breed  and  mottled  Pintzgau  breed 

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

(a) 

42 600  head 

5 000  head 

( 1) 

OJ  N'  L  3 02  of  1 9 . 1 0 . 1 9 92 

( 2)  Taric  codes  in  Annex  II. 

( a)  The  control  of  t h is  p a r t i c u l ar  end-use 

is 

c a r r i ed  out  by  a p p l i c a t i on  of  the  relevant 

Community  provisions 

~ç~ 

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. 

2.  The  f i r st  part  shall  be  assigned  to  the 

various  importers  pro  rata, 

in  proportion  to 

the  scale  of  t h e ir  previous 

imports  over  the 

three  years  under  consideration  or  to  the 

q u a n t i t i es  applied  for 

if  they  are  l e ss  than 

previous 

imports  while  the  second  part  shall 

be  assigned  to  applicants  pro  rata, 

in 

proportion  to  the  entitlement  applied  for  by 

3.  E l i g i b i l i ty  for  benefit  of  the  t a r i ff  quota 

the  importers.  In  the 

l a t t er  case: 

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  A r t i c le  1 

Paragraphe  1  shall  be  further  divided 

into  two 

parts,  of  80  % and  20  %  each; 

The  f i r st  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 
who  can  prove  to  have  imported  and/or  exported, 
least  20 

n  the  course  of  the  previous  year,  at 
living  animals  of  the  bovine  race  relating  to 
CN  code  0102  and  which  are  written 
register  of  a  Member  S t a t e. 

in  a  public 

importers 

(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 
t a r i ff  quotas,  accompanied,  where  appropriate, 
by  proof  of  previous  Imports/exports,  shall  bo 
mod® to  th®  competent  a u t h o r i t i es 
S t a t e s,  In  eccordance  with  the  procedures 
down  and  th©  deadline  s et  by  thos®  a u t h o r i t i e s, 
by  m©ans  of  the  appropriate  customs  document, 
which  «hall  bo  cancelled  by  th®  said 
a u t h o r i t i es  a f t er  being  submitted  as  proof. 

in  th®  Member 

laid 

A  s i n g le  request  can  be  deposited  by  an 
interested  party,  t h is  must  only  be  on  one  or 
other  of  the  p a r t s. 

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 9 5. 

~ 6-

Article  4 

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

in  question 

tariff  quota 

They  shall  ensure  importers  equal  and  continuous 

2. 
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 

the  Commission  shall  cooperate 
Member  States  and 
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. 

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. 

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  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 

I 

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'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. 

Place  and  date  of  issue 

Signature  and  stamp  of  issuing  authority: 

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. 

-8-

ANNEX 

II 

Tarie  codes 

Order  No 

CN  code 

Taric code 

09.0001 

ex  0102 90  05 

ex  0102 90  29 

ex  0102 90 49 

ex  0102 90  59 

ex  0102 90  69 

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 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: 

42 600 head 

5 000 head 

Dut les to be applled: 

4% 

4% 

Normal  duties: 

16% + AGR 

16% + AGR 

Duty-loss : 

a)  Customs duty  losses 

Value of  the 42 600 head 

32.840.766 ECU 

Value of  the  5 000 head: 

4.352.250  ECU 

Loss: 12% 

4.463.161  ECU 

37.193.016 ECU 

b)  Levy  losses 

Weight  of  the 42 600 head: 20.661  T 

Weight  of  the  5 000 head:  2.425 T 

Loss:  13,143 ECU/100 kg 

23.086 T 

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 

_ 

AjO-

ISSN 0254-1475 

COM(94) 181 final 

DOCUMENTS 

EN 

03  02 

Catalogue number : CB-CO-94-193-EN-C 

ISBN 92-77-68466-6 

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