CELEX: 51977PC0032
Language: en
Date: 1977-02-23
Title: Proposal for a COUNCIL REGULATION (EEC) on the opening, allocation and administration of the Community tariff quota of 30 000 head of heifers and cows, not intended for slaughter, of certain mountain breeds falling within subheading ex 01 02 A II(b) 2 of the Common Customs Tariffs#Proposal for a COUNCIL REGULATION (EEC) on the opening, allocation and administration of the Community tariff quota of 5 000 head of bulls, cows and heifers, not intended for slaughter, of certain Alpine breeds falling within subheading ex 01 02 A II(b) 2 of the Common Customs Tariff (submitted to the Council by the Commission)

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COM (77) 32
Vol. 1977/0012
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                           COM(77)32 final
                                           Brussels , 23 February 1977
                              Proposal for a
                         COUNCIL REGULATION ( EEC )
         on the opening , allocation and administration of :the |
                                                             ,      > -,v ;;
         Community tariff quota of 30 000 head of heifers and
                                                         /   -/ •    •
                                                                             χ
         cows , not intended for slaughter , of certain mountain
                                                                  r
         breeds falling within subheading ex 01 02 A II(b ) 2
                                                      ( Vj I
                                                    i IV
                       of the Common Customs Tariffs
                              Proposal for a
                         COUNCIL REGULATION ( EEC )
         on the opening , allocation and administration of the
         Community tariff quota of 5 000 head of bulls , cows
         and heifers , not intended for slaughter , of certain
         Alpine breeds falling within subheading ex 01 02 A II(b ) 2
                        of the Common Customs Tariff
                  ( submitted to the Council by the Commission )
C0M(77 ) 32 final
                                                                               \
 ---pagebreak---                        EXPLANATORY MEMORANDUM
 At the last multilateral GATT negotiations , the European Economic
 Community undertook to open certain annual Community quotas including ,
 in the agricultural sector , those set out below :
    CCT
                                                         Quota        Quota
 heading                  Description of goods
   No
                                                         volume       duty
 ex 01.02 A     Cows and heifers , not intended for
     II b ) 2   slaughter , of the following moun­
               tain breeds : grey , brown , yellow
               and mottled Simmental breed and
               Pinzgau breed ( conditions to be
               determined by the competent
               authorities ef the Member State           20 000       6 *
               of destination )                           head
 ex 01.02 A    Bulls , cows and heifers , not inten­
     II b ) 2  ded for slaughter , of the following
               Alpine breeds : mottled Simment&l
               breed and Schwyz and Fribourg breeds .
               If they are to come within the quotat
               animals of the breeds in iuestion
               must satisfy the following require­
               ments :
               ~ bulls : pedigree
               - female animals : pedrigree or            5 000       k %
                  certificate of registration in the      head
                  herdbook certifying purity of
                . breed
In response to r6quests frora the Swiss and Austrian authorities , the
tariff quotas in question have been open since 1 July 1970 and cover
the period frora 1 July in each year to 30 June in the following year . ,
These quotas were last 'opened by Regulations (EEC) Woe 1485/ 76 . and /
 1486/76 of 21 June 1976 (OJ No L 167 of 26 June 1976 ) for the perioX
from 1 July 1976 to 30 June 1977 ,     , . .    ,   - T|   ..
 ---pagebreak---                                         - ε -
                                                                          ι
3. In an exchange of letters with Austria dated 21 July 1972» the Com­
    munity undertook to increase , unilaterally, tho size of the first
    tariff quota, set out above from 20 000 to 30 000 head and to lower the -
    quota duty from 6 % to h
    In order to meet Community obligations , it is therefore necessary
    to adopt Regulations on the opening, allocation and administration of
    the Community tariff quotas , for the period from 1 July 1977 to
    30 June 1973 -                                                  i • •
    This is the object of the proposals annexed hereto .
    As regards the allocation of the tariff quotas and, more especially,
    the fixing of initial shores , it should be noted that , as in the case
    of previous quota periods , this haei'been based largely ©n the estimates
    presented by the Member States , since specialized , complete statistical
    date are not available , and has taken into account the necessity of
    meeting the possible future needs of the new Member States®
    The proposal for a Regulation submitted to the Council concerning the
    first tariff quota of 30 000 head of cattle set out above provides
    for the fixing of a first part to be allocated among proportionally to
     their forecast needs among certain Member States among which are the Benelux
     countries , Germany , France , Ireland , Italy and the United
    Kingdom .        '                     The remainder constitutes a Community .
    reserve vjhich may be drawn up on not only by the above-mentioned
    Member States , but also , if necessary ,
    by Denmark. In order to meet any needs which may arise in the
    latter Member State , the Community reserve , which is xityuaXIy £ixed
    at 30 % of tho total quota , has been Increased to about 37% . •
6 . The proposed method of administration of the second tariff quota of 5 000 head
    of cattle sot out above differs from that proponed under para . 5 above
    only inasmuch aa the first part constitutes ?0 % of tho quota                 tho
    Community reserve ?0 % of the quota , to take account both of the large
    quantities which can be expected to be drawn against the initial Ica.ls.an shave
                                                                     e • «/ © « *
 ---pagebreak---                                3
 forthwith and the need to cover any needs which may arise in the
 Benelux countries and in Denmark .
 As regards the tariff duty to be applied , the position is different
 in the Community as originally constituted and in the new Member
 States . For the original Member States the duty is to be fixed
 at 4% .
 As for the new Member States , in pursuance of Article 59 , the national
 tariffs of the new Member States are to be aligned on the Common Customs
 Tariff by annual 20% stages beginning in 1973 - except insofar as
 paragraph 4 of the above-mentioned article applies - that is , for beef
 and veal products , around 1 April each year , at the start of each
marketing year*        alignment will therefore be totally achieved as
  from the beginning of April 1977 .
The interpretation to be given to the phrase "not intended for
 slaughter" was the subject of an exchange of views during 1974 .
 It was apparent from those 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, in particular , of the high price of such animals . Assuming
 that 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 as an experiment for the
period from 1 July 1974 to 30 June 1975 and was then adopted once more
for the following tariff periods .
Providing no new aspects arise , this solution is proposed for the
coming quota period also .
 ---pagebreak---                                                                                                               ANNïïX A
                                                          Prooonal for a
                                     REGULATION (EF.C) No . ,,fll OF THE COUNCIL
                   on the opening, allocation and administration of the Community tariff quota of
                   30 000 head of heifers and cows other than those intended (or sl";,8hter' -ol
                   certain mountain breeds, («llinB within subheading cx 01.02 A II b) 2                        Of tna
                                                      Common Customs Tariff
     THE COUNCIL OF THE EUROPEAN
     COMMUNITIES,
     Having regard to the Treaty establishing the European
     Economic Community, and in particular Articles 4.1              Whereas, it is in particular necessary to ensure equal
     and 1 1 J tiiercof ,                                            and continuous access for all Community importers to
                                                                     the abovementioned quota, and the uninterrupted
     Having regard to the proposal from the Commission ,             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 ;
     Having regard to the Opinion of the European Parlia­            above, the Community nature of the quota can be
     ment^                                                            respected by allocating the Community tariff quota
                                                                      among the Member States ; whereas possibilities for
     Whereas the European Economic Community under­                   ( he use of such mountain breeds are, however, limited
     took within the framework of the GA I T to open an               by special factors, both geographical and zootech­
     annual Community tariff quota of 20 000 head at a                nical ; whereas Denmark docs not have regions
     duty of 6 % for heifers and cows other than those                suitable for breeding this kind of cattle ; whereas,
      intended (or slaughter of certain mountain breeds                however, in view of such special factors, the Commu­
      falling within subheading cx 01.02 A II b) 2                of   nity nature of the tariff quota in question should be
"the Common Customs Tariff ; whereas eligibility for such              prcsen/cd by making provision for requirements
      quota is subject to conditions to be determined by the           which may arise in this Member State ; whcicas to this
      competent authorities of the Member State of destina­            end, this Member State may proceed to draw adequate
      tion ; whereas, in an exchange of letters with Austria           shares from the Community reserve which has been
      dated 21 July 1972. 'he Community has undertaken                 set up ; whereas, in order to reflect as closely as
      unilaterally to increase the si /.c of the tariff quota from     possible the actual trend of the market in question.,
      20 000 to W 000 head and to lower the quota duty                 the initial allocation must be made in proportion to
       from 6 % to 4 % ;                                               the requirements of each of the Member States
                                                                       concerned, calculated in accordance with statistical
                                                                       data concerning imports from third countries during a
       Whereas, under Article 60 of the Act (1) concerning             representative reference period and with economic
       the conditions of accession and the adjustments to the
       Treaties, the new Member States arc obliged to apply
                                                                       prospects for the quota period in question ;
       the Regulations of the common agricultural policy
       from I February IV7 ? onwards ; whereas, therefore,              Whcrcns, since the animals in - question belong to
       any requirements which may arise in these Member                 certain specific breeds which arc not specified as such
       States during the quota period under consideration               in the statistical nomenclatures of the Member States,
       should be taken into account in the Community tariff
       quota ill question ; whereas the abovementioned tariff
                                                                        no data on imports provided by the Member States
                                                                        could be considered to be sufficiently accurate and
       quota for the period from 1 July it? J to M) June                representative to be used as a basis for the allocation
        I ^78 should therefore be opened at a duty of 4 %
                                                                        in question ; whereas the extent to which Community
                                                                        tariff quotas for those animals in the Community as
           Ol No I. 7 \. 27 . ,î . 1972, p. 14.                         originally constituted have been exhausted, and the
 ---pagebreak---                                                           2
   estimates made by certain Member States enable the         the administration of the shares allocated to that
   requirements of each of tlicm as regards imports from      Economic Union may be carried out by one of its
   third countries for the quota period envisaged to be       Members,
   assessed as follows :
           Bénélux                     I 500 head,
                                                              HAS ADOPTED THIS REGULATION :
           Gcrmany                    10 000 head,
           France                      3 900 head,
           Italy                      6 100 head :
                                                                                      Artide 1
  whereas, in the absence of precise information the          1 . During the period from I July 1 977 to 30 June
   needs of the United Kingdom and Ireland may be             1 978 a Community tariff quota of 30 000 head shall
  assessed at 300 and 200 head ;                             be opened within the European Economic Commu­
                                                              nity in respect of the imports from third countries of
  Whereas, in order to take into account the possible        cows and heifers, other than those intended for
  trend of imports of the aforementioned animals into        slaughter, of the following mountain breeds : grey,
  the said Member States, the quota amount of 30 000         brown , yellow and mottled Simmental breed and
  head should be divided into two parts, the first being     mottled Pinzgau breed, falling within subheading ex
  allocated among certain Member States, the second          0 1 .02 A II b) 2         of the Common Customs Tariff .
  forming a reserve intended subsequently to cover the
  requirements of those Member States when their             2.     For the purposes of this Regulation, the above-
  initial shares arc exhausted and requirements which        mentioned cows and heifers shall be considered not
  may arise within other Member States ; whereas in          intended for slaughter if they are not slaughtered
  order to ensure a certain degree of security for impor­    within four months following the date of their impor­
                                                             tation .
  ters in the aforementioned Member States, the first
■ part of the Community quota should be determined at
  a comparatively high level which under the present          Derogations may, however, be granted in the event of
  circumstances may be approximately 60 % of the             an act of God (disease, accident) duly attested by a
  quota amount ;                                             local authority certificate setting out the reasons for
                                                             the slaughter.
  Whereas, the initial shares of those Member States         3.     The said quota shall be administered in accor­
  may be used up more or less rapidly ; whereas, in          dance with the following Articles.
  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                                A Hide 2
  share should draw an additional share from the
  reserve ; whereas this must be done by each of these              Within the framework of the quota referred to in
  Member States as and when each of its additional           Article I ( 1 ), the Common Customs Tariff duty for the
  shares is almost entirely used up, and repeated as         animals referred to in the said paragraph shall be
  many times as the reserve allows ; whereas the initial     suspended at 4 % .
  ami additional shares must be available until the end
  of the quota period ; whereas such method of adminis­
  tration calls for close cooperation between Member
  States and the Commission, which must, in particular,
  be able to observe the extent to which the quota
  amounts are used and inform Member States thereof ;
                                                                                     A iiidt J
 Whereas, if, at a specified date within the quota           I.     A first part of 19 000 head shall be allocated
 period, a considerable balance of ( lie initial share of    among the Member States listed below. The shares
 one or other of the Member States is left over, it is      shall apply from I July 1 97 7 to 30 June 1978 subject
 essential that that State should return a considerable     to Article 7, and shall be as follows :
 part of such balance to the reserve in order that part               Bcnclnx
 of the Community tariff quota should not remain                                                  I 000 head,
 unused in one Menfber State while it could be used in                Germany                     8 800 head,
others ;                                                              France                      3 400 head,
                                                                      Ireland                       200 head,
                                                                      Italy                       S 300 head,
 wln-rens since the Kingdom of Belgium, the                           United Kingdom                 300 head.
 Kingdom of the Netherlands and the Grand Duchy of
 Luxembourg are united in and represented by the            2.     The second part of 1 1 000 head shall be held as
  Jcnelux Economic Union, any measure concerning            a Community reserve.
 ---pagebreak---                                                                   3
                                  Article 4                          "i he Member Stalls shall , not later than 25 April 19 /® ,
                                                                     notify th ; Commission of the total imports of the
         if requirements arise in Denmark for caitle referred to     animals in question cffcitcd up to S April 1978 inclu­
         in Article 1 ( I ), this Member State shall diaw an         sive and charged against the tariff quota, the amounts
         adequate share from the reserve, in so far ar. the          referred to in the second subparagraph and , where
         reserve permits .                                           appropriate, the proportion of their initial share that
                                                                     they return to the reserve .
                                  Artide 5
                                                                                              Artitlf 8
         1.     If 90 % or more of the initial quota share of one
        of the Member States referred to in Article         or of
        that share less the amount returned to the reserve ,          The Commission shall keep accounts of the amounts
        where Article 7 has been applied, has been used up,          of the shares opened by Member States in accordance
                                                                     with Articles     A and 5 and shall inform each of them
        that Member State shall immediately, by notifying ( lie
        Commission , draw a second share, in so fat as the           of the extent to which the reserve has been exhausted
                                                                     as soon as it receives the notifications .
        reserve permits, equal to ) S "/<> of its initial share,
        rounded off upwards, if necessary, to the next unit .
                                                                     The Commission shall , not later than I May 1978,,
        2.     If, after the initial share has been exhausted,       notify Member States of the amount in the reserve
       90 % or more of the second share diawn by one of              after the return of shares pursuant to Article 7.
       these Member States has been used up, that Member
       State shall , in accordance with paragraph I , innncdi-       The Commission shall ensure that any drawing which
       at.iy draw a third share equal to 7-S 7o of its initial       exhausts the reserve is limited to the balance available
       share, rounded off upwards, if necessary, to the next         and , to this end. shall specify the amount thereof to
       unit .
                                                                     the Member State making the last drawing.
       3 . If, after the second share has been exhausted,
       90 % or more of the third share drawn by one of                                        Artide 9
       these Member States has been used up, that Member
       State shall, in accordance with . paragraph I , draw a
       fourth share equal to the third .                              Member States shall take all measures necessary to
                                                                     ensure that when additional shares arc drawn pursuant
       The same method shall be applied until the reserve is          to Article 4 or 5 it is possible for imports to be
       exhausted .                                                   counted without interruption against their accumu­
                                                                      lated shares of the Community quota .
      4.       By way of derogation from paragraphs I , 2 and
            each of these Member States may draw shares lower
      than those fixed in these paragraphs if there arc                                       Article 10
      reasons to consider that such slinies might not be
      exhausted . 1 hey shall inform the Commission of the
      grounds which led them to apply this paragraph .                1.    Member States shall fake 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).
                                 Artidi 6
                                                                    2.     Thev shall ensure free access to the shares allo­
      1 he nriditionnf simres tlrawn in pursuance of Article 5      cated to ( Item for importers established in their terri­
      shall apply until !() June ! 97& .                            tory .
                                 Article 7
                                                                           The extent to which the shares of the Member
r . ember States shall rniurn to the rcserv« ?
not 1 fiber than 2'3 April. I')7 8, the unuaocl                     States have been used up shall be recorded on the
                                                                    basis of impoits submitted for customs clearance
portion of their initial share in excess ,                          under covei of declarations that they have been made
on r> April 7.9 / 8 , of 20% of the initial                         available for consumption .
amount .          They may return a larger quantity
if there ar 8 reasons to consider that such
quantity           may     not be used®                                                      Artide //
                                                                    On request by the Commission , Member
                                                                    Stater? ahail inform it of imports
                                                                    actually charged fusr&inat their shares®
       However, amounts for which import certificates have
       b( en issued hut not used          no? be returned to the
       reserve .
 ---pagebreak---                                               4
                       A nicle 12                                                 Anille 13
Member States and the Commission shall cooperate
closely to ensure that the provisions of this Regulation
are observed.                                               This Regulation shall enter into force on I July 1977 •
   /
                       ν
             This Regulation shall he binding in its entirety and directly applicable in all Member
             States.                                                                1
             Done at Luxembourg,
                                                          ■     *     For the Council                         ,
                                                                        The Prcsidtnt
 ---pagebreak---                                                                                                                      ANHEX B
                                                  Proposal for a
                                  REGULATION (EEC) No . • •/!? OF THE COUNCIL
                    on the openin}t , allocation and administration of the Community tariff quota of
                    5 000 head of bulls, cows nnd heifers, otlicr than those intended for slaughter, of
                    certain Alpine breeds falling within subheading cx 01.02 A II b) 2 , of the
                                                    Common Customs Tariff
     THE COUNCIL OF THE EUROPEAN                                    respected by allocating the Community tariff quota
     COMMUNITIES,                                                   among the Member States ; whereas possibilities for
                                                                    the use of such mountain breeds arc, however, limited
     Having regard to the Treaty establishing ( he European         by special factors, both geographical and zootcch-
     Economic Community, and in particular Articles 43              nical , whereas Denmark does not have regions
     and 1 1 ^ thereof ,                                            suitable for breeding this kind of cattle ; whereas,
                                                                    however, in view of such special factors, the Commu­
     Having regard to the proposal from the Commission , .          nity nature of the tariff quota in question should be
                                                                    preserved by making provision for requirements
                                                                    which may arise in this Member State ; whereas to this
     Having regard to the Opinion of the European Parlia­           end , this Member State may proceed to draw adequate
     ment                                                           shares from the Community reserve which has been
                                                                    set up ; whereas , in order to reflect as closely as
     Whereas, the European Economic Community under­                 possible the actual trend of the market in question,
     took within the framework of the GA'i'I to open an              the initial allocation must be made in proportion to
     annual Community tariff quota of 5 000 head at a                the requirements of each of the Member States
     duty of 4 % for hulls, cows and heifers, other than             concerned , calculated in accordance with statistical
     those intended for slaughter, of certain Alpine breeds          data concerning imports from third countries during a
     falling within subheading ex 01.02 A II b) 2                of   representative reference period and with economic
"tha Common Customs Tariff ; whereas eligibility for such             prospects for the quota period in question ;
     quota is subject to submission of the following docu­
     ments :
     – bulls : pedigree certificate ;                                "Whereas, since the animals in question belong to
     – female aninuth : pedigree certificate or certificate           certain specific breeds which are not specified as such
                                                                      in the statistical nomenclatures of the Member States,
          of registration in the hcrdbook , certifying purity of
          breed ;                                                     no data on imports provided by the Member States
                                                                      could be considered to be sufficiently accurate and
     Whereas, under Article 60 of the Act (1) concerning
                                                                      representative to be used as a basis for the allocation
     the conditions of accession and the adjustments to the
                                                                      in question ; whereas the extent to which Community
     Treaties, the new Member States are obbged to apply
                                                                      tariff quotas for those animals, in the Community as'
     the Regulations of the common agricultural policy
                                                                      originally constituted, have been exhausted, and the
                                                                      estimates made by certain Member States, enable the
     from I February 197.5 onwards ; whereas any require­             requirements of each of them ns regards imports from
     ments which may arise in these Member States during              third countries for the quota period envisaged to be
     the quota period under consideration should , there­             assessed as follows :
     fore , be taken into account in the Community tariff
     quota in question ; whereas the abovementioned tariff
     quota for the period from I July 197 7 to M) June                        Germany                         250 head ,
      1978 should, therefore, be opened at a duty of 4 % *                    France                          I 20 head ,
                                                                              Ir^ly                        4 630 head ;
                                                                    whereas , in the absence of precise
                                                                    information , the needs of United
     Whereas, it is in particular necessary to ensure equal         Kingdom and Ireland rnpy be assessed
     and continuous access for all Community importers to
      the abovementioned quota, and the uninterrupted
                                                                     at 75 and 25 head respectively ;
     application of the quota duties to all imports of the
     animals in question until the quota is exhausted ;
                                                                       Whereas, in order to take into account the possible
     whereas, having regard to the principles defined                  trend of imports of the aforementioned animals into
     above, the Community nature of the quota can he                   the said Member States, the quota amount "I S 000
                                                                       head should be divided into two parts, the first part
                                                                       being allocated among certain Member States, the
     (A Oj No I. 7 \ 27. V l»72. p. ! 4.                               second forming a reserve intended subsequently to
 ---pagebreak---                                                                ζ
      cover the requirements of these Member States when          Fribourg breeds, falling within subheading ex 01.02 A
      their initial shares ore exhausted and requirements         II b) 2         of the Common Customs Tariff
     which may arise within other Member States ; whereas
     in order to ensure a certain degree of security for         2.     Eligibility for this tariff quota shall be subject to
     importers in the aforementioned Member States, the          the submission :
     first part of the Community quota should be deter­
     mined at a comparatively high level which under the         – in the at.it of bulls : of a pedigree certificate ;
     present circumstances may be about 70 % of the
     quota amount ;                                              – in the case offemale animals : of a pedigree certif­
                                                                      icate or certificate of registration in the herdbook,
                                                                     certifying purity of breed.
    Whereas, the initial shares of those Member States
    may be used up more or less rapidly ; whereas, in            3 . The said quota shall be administered in accor­
    order to take this fact into account and avoid any           dance with the following Articles.
    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                                         A riirle 2                       '
    reserve ; whereas this must be done by each of these
    Member States as and when each of its additional                    Within the framework of the quota referred to in
    shares is almost entirely used up, and repeated as          Article I ( I ), the Common Customs Tariff duty for the
    many times as the reserve allows ; whereas the initial      animals referred to in the said paragraph shall be
   a;ul additional shares must be available until the end       suspended at 4 %.
   of the quota period ; whereas such method of adminis­
   tration calls for close cooperation between Member
   States and the Commission, which must, in particular,
   be able to observe the extent to which the quota
   amounts arc used and inform Member Slates thereof •
  Whereas, if, at a specified date within the quota                                       Article 3
  period, a considerable balance of the initial share of
  one or other of the Member States is left over, it is         I. A first part of 3 500hcad shall be allocated
  essential that that State should return a considerable       among the Member States listed below. The shares-
  part of such balance to the reserve in order that part       shall apply from I July 1 97 J to 30 June 197$ subject
  of the Community quota should not remain unused              to Article 7, and shall be as follows :
  in one Member State while it could be used in others ;                 Germa n y                         150 head,
                                                                         France                            100 head,
  Whereas, since the Kingdom of Belgium, the                             Ireland                            25 head,
  Kingdom of the Netherlands and the Grand Duchy of                      Italv                           3 150 heaiL
  Luxembourg are united in and represented by the                       United Kingdom                     75 head *
 Benelux Economic Union, any measure concerning              2.      The second part of 1 500 head shall be held as •
 the administration of the shares allocated to that          Community reserve.
 economic Union may be carried out by one o( its
 Members.
                                                                                         A rfic/c 4
                                                             If requirements arise in countries of the Benelux
 HAS ADOPTED THIS REGULATION-                                Economic Union or in Denmark,
                                                                             these Member States shall draw an adequate
                                                            share from the reserve, in so far as the reserve permits.
                            Artide 1                                                     A rfiviv S
                                                            I , if V0 /* or more of the initial share of one of the
                    , Pcri<x'      I July ! 977to 30 June  Member States referred to in Article 3, or of that share
Orrnn 'l      , "n,"y                0i 5000      sl™H I'C less the amount returned to the reserve, where Article
                                                           7 has been applied, has been used up. that Member
           i                           ""»r "ito"w         State shall immediately, by notifying the Commission,
immlr, c                Allowing mountain breeds : the     draw A second share, in so far as the reserve permits,
mottled Submental breed and the Schwy* a„d                 equal to 15% of its initial share, rounded off
                                                           upwards. If necessary, to the next unit.
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2. If. after the initial share has been exhausted,        with Articles 3 , 4 and S and shall inform each of them
90 % or more of the second share drawn by one of          of the extent to which the reserve has been exhausted
these Member States has been used up, that Member         ns soon as it receives the notification .
State shall , in accordance with paragraph I. immedi­
ately draw a third share equal to 7-S n/o of its initial  The Commission shall, not later than I May 1978,
share, rounded off upwards, if necessary, to the next     notify Member States of the amount in the reserve
unit .                                                    after the return of shares ^pursuant to Article 7.
3.     If, after thf second share has been exhausted,     The Commission shall ensure that any drawing which
90 % or more of the third share drawn by one of           exhaust - the reserve is limited to the balance available
these Member States has been used up. that Member         and, to this end, shall specify the amount thereof to
State shall , in accordance with paragraph I , draw a      the Member State making the last drawing.
fourth share to the third .
                                                                                     Artide 9
The same method shall be applied until the reserve is
exhausted .
                                                           The Member States shall take all measures necessary
                                                           to ensure that when additional shares are drawn
4.     By way of derogation from paragraphs I , 2 and
3, each of these Mrmbei States may draw shares lower        pursuant to Article 4 or 5 it is possible for imports to
than those fixed in there paragraphs if there are           be counted without interruption against their accumu­
reasons to consider that such shares tniglit not be         lated shares of the Community quota.
exhausted. They shall inform the Commission of the
grounds which led them to apply this paragraph .
                                                                                     Article 10
                         Article 6
                                                             I.     Member States shall take all measures necessary
                                                             to ensure that the access to the tariff quota in question
                                                             is restricted to cattle as specified in Article I ( I ) and
 Additional shares drawn in pursuance of Article S           (2-
 shall apply until 30 June 1978.
                                                             2.     They shall ensure free access to the shares allo­
                                                             cated to them for importers established in their terri­
                         Artidt 7                            tory .
 Member States shall return to the
                                                              3.    The extent to which the shares of the Member
 reserve , not later than 25 April 1978 f                    States have been used up shall be recorded on the
 the unused portion of their initial                          basis of imports submitted for customs clearance
  share in excess , on 5 April 1978 , of                      under cover of declarations that they have been made
  20 fc of the initial amount . They ma^y                     Available for consumption .
  return a 'Larger quantity if there are
  reasons to consider that such quantity
    nay     riot bo used « .     .           ...      ,                               Artide 11
  However, amounts for which import certificates h^ve
 been issued but not used shall not be returned to the
  reserve .                                                 On request "by the Commission Member
                                                            States shall inform it of imports
 The Mcmbei States shall , not later than 25 April 1^78,    actually charged against their
  notify die Commission of the total imports of the         shares .
  animals in question effected up to .5 April 1978 inclu­                             Artide 12
  sive and charged against the tariff quota, the amounts
  referred to in the second subparagraph and, where
  appropiiate, the propottion of their initial share that     Member States and the Commission shall cooperate
  they return to the reserve .                                closely to ensure that the provisions of this Regulation
                                                              arc observed .
                          Artide 8
                                                                                      Artide 13
   The Commission shall keep accounts of ihr ani'tm !"-
   of the shares opened by Member States in aeon'              this Regulation shall enter into force on \ July 1977 •
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This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done tt Luxembourg,
                                                         For the Council
                                                           77te President