CELEX: 51974PC0414
Language: en
Date: 1974-04-02
Title: PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL on the opening, allocation and administration of the Community tariff quota of 30000 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 Tariff#PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL on the opening, allocation and administration of the Community tariff quota of 5000 head of bulls, cows and heifers, not intended for slaughter, of certain Alpine breeds falling within subheadings ex 01.02 A II b 2 of the Common Customs Tariff (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 414
Vol. 1974/0072
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- -Γ»/.• .•· "Μα
V           • l,\ ΓΤΛ
                  *, H ΓίΓνΠΌΚΤ
                        • ■.* i  \ : /? v ?N » ΟΉ
                                                // ,\  Π.·Τ,Ι3Τ:
                                                       M.     n i -, ΠΊΓΤϊ;*
                                                                     i : "I " . ΓνΤδΤΠ
                                                                                  o F ; ; Α
                                                                                          te "*ντ
                                                                                              r\ < ΑΟΤ
                                                                                                   K    V • ■., /-■?..
                                                                                                                /   ....^-►ΤΤΤΤ'ΤΓϊε1
                                                                                                                          f T ; i' 'I ,
                                                                                                    COM(74)414 final
                                                                                                    Brussels , 2 Aprii 1974
                                                                PROPOSAL FOR A
                                                    REGULATION (EEC ) OP THE COUNCIL
                    on the opening , allocation and.                   administration of the Community tariff
                                quota of 30000 head of heifers and cows , not intended for
                       slaughter , of certain mountain breeds , falling within subheading
                                         ex 01 o 02 A II b 2 of the Common Customs Tariff
                                                                PROPOSAL FOR A
                                                    REGULATION ( EEC ) OF THE COUNCIL
                    on the opening , allocation and administration of the Community tariff
                              quota of 5000 head of bulls , cows and heifers , not intended
                      for slaughter , of certain Alpine breeds falling within subheadings
                                         ex 01.02 A II b 2 of the Common Customs Tariff
                                           ( submitted to the Council by the Commission)
                 CCIî(74 ) 414 final
 ---pagebreak---                              EXPLANATORY MEMORANDUM
1.    At the last multilateral GATT negotiations , the European Economic
      Community undertook to open certain annual Community tariff
      quotas including , in the agricultural sector , those set out
      below :
   OCT
                                                              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 mountain
                breeds :   grey , brown , yellow and mottled
                Simmental breed and Pinzgau breed
                ( conditions to be determined by the
                competent authorities of the Member
                State of destination )                        20 000    6%
                                                               head
ex CI . 02 A    Bulls , cows and heifers , not intended
      II b 2    for slaughter , of the following Alpine
                breeds :  mottled Simmental breed and
                Sc hwyz and Eribourg 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 the
                   herdbook certifying purity of breed         5 000    b%
                                                               head
      In response to requests from the Swiss and Austrian authorities ,
      the tariff quotas in question have been open since 1 July 1970
      and cover the period from 1 July in each year to 30 June in the
      following year .     These quotas were last opened by Regulations
      ( EEC ) Nos 19W73 and 19^5/73 of 16 July 1973 ( OJ No L 200 of
      20 July 1973 ) for the period from 1 July 1973 to 30 June 197^»
 ---pagebreak---  3 . In an exchange of letters with Austria dated 21 July 1972 , the                «
 Community undertook to increase , unilaterally , the 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 4$♦
4 * In order to meet Community obligations , it is therefore necessary to
 adopt Regulations on the opening, allocation and administration of the
 Community tariff quotas .
     This is the object of the proposals annexed hereto .
5.' As regards the allocation of the tariff quotas and, more especially ,
the fixing of initial shares , it should be noted that , as in the case
 of previous quota periods , +- his has been "based largely on the estimates
presented by the Member States , since specialized, complete statistical
date are not available , and has taken into account the necessity of meeting
the possible future needs of the now Member States .
     The proposal for a Regulation submitted to the Council concerning the
first tariff quota of 30 000 head of cattle set out above provides , as has
been accepted by the Council for the opening of the same quota for previous
tariff periods , for the fixing of a first part to be allocated among Germany,
Prance , Italy , Ireland and the United Kingdom , the only Member States which have
regions suitable for breeding this kind of cattle , in proportion to their
expected requirements .   The remainder constitutes a Community reserve which
may be drawn on not only by the above-mentioned . Member States , but also , if
necessary , by the Benelux countries and by Denmark .      In order to meet any
needs which may arise in . the latter Member States , the Community reserve ,
which is usually fixed at 30$ of the total quota, has been increased to 40$.
6 . The proposed administration of the second tariff quota of 5 000 head of
cattle set out above differs from that proposed in 5 only in as much as the
first part constitutes 70$ of the quota and the Community reserve 30$, to
take account both of the large quantities which can be expected, already now,
to be counted against the initial Italian share and the need to oover any
 ---pagebreak---                                    - 3 -
needs which may arise in the Benelux countries and in Denmark .
7 * As regards the tariff duty to be applied , the position is different in
the Community as originally constituted and in the new Member States . For
the original Member States the duty is to be fixed at 4%>• As for the new
Member States , it should be noted that,' in pursuance of Article 59 the national
tariffs of the new Member States are to be aligned on the Common Customs Tariff
by annual 20$ stages beginning in 1973 - except in the course of applying
paragraph 4 of the above-mentioned artiole - that is , for beef and veal products ,
around 1 April each year , at the start of each marketing year ..   Thus , before
expiry of the quota period in question , the new Member States will have to
carry out two further alignments (April 1973 and 1974 ) on the Common Customs
Tariff .
8 . The interpretation to be given to the phrase "not intended for slaughter"
was the subject of an exchange of views during the consultation meeting of the
working party on Economic Tariff Problems held on 12 February 1974 •
    It was apparent from those discussions that , in the case of animals whose
importation is 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 certificate is not
required, a period of two 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 is why the proposal for a Regulation relating to 30 000 head of cattle
(Annex A) provides that , except in duly attested cases of force majeure , the
animals may not be slaughtered within that two-month period and that the
Member States must restrict the application of the tariff quota to animals
satisfying all the specified requirements .
9 . As an experiment , the Commission is proposing an " as and when" administra­
tion system for both the tariff quotas , which system is already applied in the
Member States who will use the quotas ,                                      /
                                                                             /...
 ---pagebreak--- 10 . In a general way there is a problem for the tariff duties to "be applied ,
because of the present negotiations concerning the replacement of the present ,
mixed taxation system " customs duty-levy" by a "Uniform basic levy"
proposed by the Commission .
     The Commission is aware of the problem posed by developments of the
situation and therefore wishes to maintain the possibility of changing later
on its proposals in the light of any necessities which may arise .
 ---pagebreak---                                                            ANNEX A
                            Proposax for a
                REGULATION ( EEr"i 05» «THE CCE3T3IL
on the opening , allocation and administration of the Community tariff
quota of 30 000 head of heifers and cov/s , not intended for slaughter ,
of certain mountain breeds , falling within subheading ex 01.02 A II b
of the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                r
Having regard to the ' Treaty establishing the European Economic
Community , and in particular Articles kj and 113 thereof ;
Having regard to the proposal from the Commission }
Having regard to the Opinion of the European Parliament ;
Whereas , at the last GATT multilateral negotiations the European
Economic Community undertook to open an annual Community tariff quota
of 20 000 head at a duty of 6% for 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 Tariff ; whereas eligibility
for such quota is subject to conditions to be determined by the
competent authorities of the Member State of destination ; whereas ,
in an exchange of letters with Austria dated 21 July 1972 , the
Community has undertaken unilaterally to increase the size of the
tariff quota from 20 000 to 30 000 head and to lower the quota duty
from 6% to
Whereas , under Article 60 of the Act"'" concerning the Conditions of
Accession and the. Adjustments to the Treaties , the new Member States
are obliged to apply the Regulations of the common agricultural
policy from 1 February 1973 onwards ;       whereas , therefore , any
X0J No L 73 , 27 March 1972 , p. 1^+.
 ---pagebreak---                                          - 2 -                   GUD/167 /74 E
                                                                 ANIIEX A
       requirements which may arise in these Member States during the quota
       period under consideration should be taken into account in the Community
       tariff quota in question ; whereas the above-mentioned tariff quota for
       the period from 1 July 1974 to 30 June 1975 should therefore bo opened at
       a duty of     for the Community as originally constituted and at a duty
       corresponding to the provisions of the above-mentioned Act for the new
       Ilember States ;
       Whereas it is in particular necessary to ensure equal and continuous access
       for all Community importers to the above-mentioned quota, and the uninterrupted
       application of the quota duties , to all imports of the animals in question
       until the quota is exhausted ;   whereas , having regard to the principles defined
       above , the Community tariff quota among the said Member States ; whereas possi­
       bilities for the use of such mountain breeds are , however , limited by special
       factors , both geographical and zootechnical ;   whereas the Benelux countries
       and Denmark do not have regions suitable for breeding this kind of cattle ;
       whereas , however , in view of such special factors , the Community nature of
       the tariff quota in question should be preserved by making provision for
       requirements which may arise in these Member States ;     whereas , in exceptional
       cases , the system provided for in Article 4 of this Regulation enables all
       such factors to be taken into account ;    whereas , in order to reflect as closely
       as possible the actual trend of the market in question , the initial allocation
       among the three above-mentioned Member States must be made in proportion to
       the requirements of each of the Member States concerned , calculated in accor­
       dance with statistical data concerning imports from third countries during
       a representative reference period and with economic prospects for the quota
       period in question ;
       Whereas , since the animals in question belong to certain specific breeds .
       which are not specified as such in the statistical nomenclatures of the .
       Member States , no information on imports provided by the Member States could
       be considered to be sufficiently accurate and representative to be used as a
       basis for the allocation in question ; whereas the extent to which Community
tariff quotas in the Community as originally constituted for those animal? have been
       exhausted , and the estimates made by certain Member States enable the requirement
 ---pagebreak---                                     - 3 -                  GUD/167/74 E
                                                           ΑΒΕΞΧ Α
  of each of them as regards imports from third countries for the quota
  period envisaged to be assessed as follows :
            Germany            10 000 head
            France              3 900 head
            Italy               6 100 head ;             >
  Whereas , the needs of the United Kingdom and Ireland may , in the absence of
  more precise information , be assessed respectively as 300 and 200 head ;
  Whereas , in order to take into account the possible trend of imports of the
  aforementioned animals into the said Member States , the quota amount of
  30 000 head should be divided into two parts , the first being allocated
- among certain Member States , the second forming a reserve intended subse­
  quently to cover the requirements of thoseMember States when their initial
  shares are exhausted and requirements which may arise within other Member
  States ; whereas in order to ensure a certain degree of security for importers in
  the aforementioned Member States , the first part of the Community quota should
  be determined at a comparatively high level which under the present circumstan­
  ces may be 60% of the quota amount ;
  Whereas , the initial shares of those Member States may be used up fairly
  rapidly ;   whereas , in order to take this fact into account and avoid any
  break in continuity , it is important that that Member State having used up
  almost the whole of its initial share should draw an additional share from
  the reserve ; '.whereas this must be done by each of these Member States as
  and when each of its additional shares is almost entirely used up , and
  repeated as many times as the reserve allows ;   whereas the initial and addi­
  tional shares oust be available until the end of the quota period ;    whereas
  such method of administration calls for close cooperation between Member
  States and the Commission , which must , in particular ^ be able to observe the
  extent to which the quota amounts are used and inform Member States thereof ;
  Whereas , if, at a specified date within the quota period, a considerable
  balance of the initial share of one or other of the Member States is left
  over , it is essential that that State should return a considerable part of
  such balance to the reserve dn order that part of the Community quota should
                                                                            • • •/ • • *
 ---pagebreak---                                   - 4 -
                                     ί
                                                          ANNEX A                  «
not remain unused in one Member State while it could "be used in others ;
Whereas since the Kingdom of Belgium, the Kingdom of the Netherlands and
the Grand Duchy of Luxembourg are united in and represented by the
Benelux Economic Union, any measure concerning the administration of
the shares allocated to that Economic Union nay be carried out by one
of its Members ,
HAS ADOPTED THIS REGULAHOiT :
                                 Article 1 ,
1 * During the period from 1 July 1974 "to 30 June 1975 » a Community
    tariff quota of 30 000 head shall "be opened within the European
    Economic Community in respect of the imports from third countries
    of cows and heifers , not intended for slaughter, of the grey, brown,
    yellow and mottled Simmental breed and Pinzgau breed, falling within
     subheading ex 01.02 A II "b ) 2 of the Common Customs Tariff .
2 . For the purposes of this Regulation, . the above-mentioned cows and
    heifers shall be considered not to be intended for slaughter if
    they are not slaughtered within two months following the dat;e of
    their importation .
    Derogations may , however , be granted in cases of force majeure
     ( disease, accident ) duly attested by a local authority certificate
    setting out the reasons for slaughter within that period .
3 . The said quota shall he administrated in accordance with the
    following Articles .                 -         "  '  '
                                 Article 2
1 . T, Jithin the framework of the quota referred to in Article 1 , the
    Common Customs Tariff duty for the animals referred to in tho said
    paragraph shall be suspended at 4                                         '
                                                                    . * • •/ • « *
 ---pagebreak---                                                         ANKEX A
2 . Few Member States shall within the said, tariff quota, apply duties
    calculated i:i accordance with the relevant provisions of the Act of
    Accession .
                              Article 3
1 . A first part of 18 000 head shall be allocated ariong the Member
    States listed "below . The shares shall apply from 1 July 1974 "to
    30 June 1975 , subject to Article 7 , and shall be as follows :
         Germany              8 800 head
         Prance               3 400 head
          Ireland                200 head
         Italy                5 300 head
         United Kingdom          300 head .
2 . The second part of 12 000 head shall be held as a Community reserve .
                             Article 4
If requirements arise in countries of the Benelux Economic Union or in
                                              ι
Denmark for cattle referred to in Article 1 ", these Member Countries shall
draw an adequate share from the reserve , in so far as the- reserve permits .
                             Article 5
1 . If 90$ or more of the initial quota share of one of the Member States
    referred to in Article 3 , or of that share less , the amount returned to
    the reserve , where Article 7 has been applied, has been used up , that
    Kember State shall immediately , by notifying the Commission, draw a second
    share, in so far as the reserve permits , equal to 15 ft of its initial
    share , rounded off upwards , if necessary, to the next unit .
 ---pagebreak---                                                        ANNEX A
2.   If , after the initial share has beon exhausted , 90% or more of
     the second share drawn by one of these Member States has been
     used up , that Member State shall , in accordance with paragraph 1 ,
     immediately draw a third share equal to 7,5% of its initial share
     rounded cff upwards , if necessary , to the next unit .
3«   If , after the second share has been exhausted , 90/o or more of the
     third share drawn by one of these Member States has been used up ,
     that Member State shall , in accordance with paragraph 1 , draw a
     fourth share equal to the third .
     The same method shall be applied until the reserve is exhausted .
4 . By way of derogation from paragraphs 1 , 2 and 3 » each of these
     Member States may draw shares lower than those fixed in these
     paragraphs if there are reasons to consider /that such shares
     might not be exhausted . They shall inform the Commission of the
     grounds which led them to apply this paragraph .
                                Article 6
Additional shares drawn in pursuance of Article 5 shall . apply until
30 June 1975 .
                                Article 7
If , by 5 April 1975 » a Member State has not exhausted its initial
share as fixed in Article 3 or as resulting from the application, of
Article k , it shall , not later than 25 April 1975 » return to the
reserve the unused proportion of this share in excess of 2.0% of the
initial amount . It may return a larger quantity if there are reasons
to consider that such quantity might not be used up .
The Member States shall , not later than 25 April 1975 » notify the
Commission of the total imports of the animals in question effected
up to 5 April 1975 inclusive and counted against the tariff quota and
where appropriate , the proportion of their initial share that they
return to the reserve .
 ---pagebreak---                                                       ANNEX A
                               Article o
The Commission shall keep accounts of tie amounts of the shares
opened by Member States in accordance with Articles      ^ and 5 and
shall inform each of them of the extent to which the reserve has been
exhausted as soon as it receives the notifications .
The Commission shall , not later than 1 May 1975 » notify Member States
of the amount in the reserve after the return of shares pursuant to
Article 7 »
The Commission shall ensure that any drawing which exhausts the reserve
is limited to the balance available and , to this end , shall specify
the amount thereof to the Member State making the last drawing .
                               Article 9
The Member States shall take all measures necessary to ensure that
when additional shares are drawn pursuant to Article k or 5 it is
possible for imports be counted without interruption against their
accumulated shares of the Community quota .
 ---pagebreak---                                  -8 -
                                                        ANNEX A
                                                                          I
Provisions concerning all Member States
                              . Article 10
1.   Member States shall take sill measures necessary to ensure that
     access to the tariff quota in question is restricted to cattle
     as specified in Article 1(1 ) and ( 2 ).
2.   They shall ensure free access to the shares allocated to them
     for importers established in their territory .
3.   Member States shall count the animals in question against their .
     shares as the animals are presented for customs clearance under
   ■ cover of entries for home use .
4.   The extent to which the shares of the Member States have been used
     up shall bo recorded on the 'basis'" of imports counted as specified
     in paragraph 3 *
                                Article 11
Member States shall inform the Commission at regular intervals of
imports actually charged against their shares .
                                Article 12
The Member States and the Commission shall cooperate closely to ensure
that the provisions of this Regulation are observed .
                                Article 13
This Regulation shall enter into force on 1 July 197 ^*
This Regulation shall be binding in its entirety and directly
applicable in all Member States .
Done at Brussels ,                                   For the Council
                                                     The President
 ---pagebreak---                                                               ANNEX B
                                  Proposal for a
                 I
                  REGULATION ( EEC ) 0? THE COUNCIL
                   ■    i I ■ M I
                                                     _  ■■
          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 subheadings ex 01,02 A II b      2 of the Common Customs .
          Tariff
THE COUNCIL OP THE EUROPEAN COMMUNITIES .
                                         I
Having regard to the Treaty establishing the European Economic Community ,
and in particular Articles 43 and 113 thereof ;
Having regard to the proposal from the Commission ;
Having regard to the Opinion of the European Parliament ;
Whereas , at the last GATT multilateral negotiations , the European Economic
Community undertook to open an annual Community tariff quota of 5 000 head
at a duty of 4% for bulls , cows and heifers , not intended for slaughter ,
of certain Alpine breeds falling within subheading es 01.02 A II b 2 of
the Common Customs Tariff ;     whereas eligibility for such quota is subject
to submission of the following documents :
– bulls :   pedigree ,
- female animals :     pedigree or certificate of registration in the herdbook
  certifying purity of breed ;
Whereas , under Article 60 of the Act^" concerning the Conditions of Accession
and the Adjustments to the Treaties , the new Member States are obliged to
apply the Regulations of the common agricultural policy from 1 February
1973 onwards ;   whereas any requirements which may arise in these Member
States during the quota period under consideration should , therefore , be
taken int6 account in the Community tariff quota in question }      whereas the
abovementioned tariff quota for the period from 1 July 1974 "to 30 June 1975
should , therefore , be opened at a duty af A% for the Community as originally
constituted and at a duty corresponding to provisions of the
 OJ No L 73 , 27 March 1972 , p . 14.                                   "" ' "
                                                                         •A
 ---pagebreak---  above-mentioned Act for the new Member States ;
Whereas , it is in particular necessary to ensure equal and continuous acces3
 for all Community importers to the above-mentioned quota, and the uninterrup­
ted application of the quota duties to all imports of the animals in question
until the quota is exhausted ;    whereas , having regard to the principles defined
above , the Community nature of the quota can be respected by allocating the
Community tariff quota among the Member States ;     whereas possibilities for the
use of such mountain breeds are , however , limited by special factors , both
geographical and zooteclinical ;   whereas Benelux countries and Denmark do not
have regions suitable for breeding this kind of cattle ;     whereas , however , in
view of such special factors , the Community nature of the tariff quota
in question should be preserved by making provision for requirements which
may arise in these Member States ;    whereas , in exceptional cases , the system
provided for in Article 4 of this Regulation enables all such factors to be
taken into account ;   whereas , in order to reflect as closely as possible the
actual trand of the market in question , the initial allocation must be made
in proportion to the requirements of each of the Member States concerned ,
calculated in accordance with statistical data concerning imports from third
countries during a representative reference period and with economic prospects
for the quota period in question ;
Whereas , since the animals in question belong to ■ certain specific breeds which
are not specified as such in the statistical nomenclatures of the Member
States , no information on imports provided by the Member States could be
considered to be sufficiently accurate and representative to be used as a
basis for tho allocation in question ;     whereas the extent to which Community
tariff quotas , in the Community as originally constituted, for those animals
have been exhausted, and the estimates made by certain Member States , enable
the requirements of each of them as regards imports from third countries for
the quota period envisaged to be assessed , as follows ,:
            Germany         ■ 250 head
            Prance ...        120 head
          • Italy           4 630 head
 ---pagebreak---                                        - 3 -
    whereas , the needs of the United Kingdom and Ireland may , in the absence of
    more precise information, be assessed respectively 75 and 25 head ;
    Whereas , in order to take into account the possible trend of imports of the
    aforementioned animals into the said Member States , the quota amount of 5 000
    head should be divided into two parts , the first part being allocated among
    certain Member States , the second forming a reserve intended subsequently to
    cover the requirements of these Member States when their initial shares are
    exhausted and requirements which may arise within other Member States ;
    whereas , in order to ensure a certain degree of security for importers in the
    aforementioned Member States , the first part of the Community quota should
    be determined at a comparatively high level which under the present circumstan­
    ces may be about 70 % of the quota amount j
    Whereas , the initial shares of those Member States may be used up fairly rapidly ;
    whereas , in order to take this fact into account and avoid any break in conti­
    nuity , it is important that that Member State having used up . almost the whole
    of its initial share should draw an additional share from the reserve ; whereas
    this must be_ done by each of these Member State as and when each of its
    additional shares is almost entirely used up , and repeated as many time as
the reserve allows ; whereas the initial and additional shares must be available
    until the end of the quota period ; whereas such method of administration calls
    for close cooperation between Member States and the Commission , which must ,
    in particular , be able to observe the extent to which the quota amounts are
    used and inform Member States thereof ;
    Whereas , if, at a specified date within the quota period, a considerable balance
    of the initial share of one or other of the Member States is left over , it is
    essential that that State should return a considerable part of such balance to
    the reserve in order that part of the Community quota should not remain unused
    in one Member State while it could be used in others ;
    Whereas , since the Kingdom of Belgium, the Kingdom of the Netherlands and the
    Grand Duchy of Luxembourg are united in and represented by the Benelux Economic
    Union, any measure concerning the administration of the shares allocated to
    that Economic Union may be carried out by one of its Members ,
                                                                           • • •/ • • •
 ---pagebreak--- HAS ADOPTED THIS REGULATION :
                                  Article 1
          . »     .           ...                   - • »  '  V .
1 . During the period from 1 July 1974 to 30 June 1975 f a Coomunity tariff
   . quota of 5 000 head shall be opened within the European Economic
     Community in respect of the imports from third countries of bulls , cows
     and heifers , not intended for slaughter , of the mottled Simmental breed
     and the Schwyz and Fribourg breeds , falling within subheading ex 01.02
     A II b 2 of the Common Customs Tariff .
2 . Eligibility for this tariff quota shall be subject to the submission
     - in the case of bulls : of a pedigree certificate
     - in the case of female animals : of a pedigree certificate or certificate
                                         of registration in the herdbook , certifying
                                         purity of breed .
3 . The said quota shall bo administrated in accordance with the following
     Articles . .
                                                                  I
                                  Article 2
1 . Within the framework of the quota referred to in Article 1 ( l ), the Common
     Customs Tariff duty for the animals referred to in the said paragraph shall
     be suspended at
2 . Member States shall within the said tariff quotas apply duties calculated in
     accordance with the relevant provisions of the Act of Accession .
 ---pagebreak---                                 Article 3
1 . A first part of 3 500 head shall be allocated among the Member States
    listed below .  The shares shall apply from 1 July 1974 to 30 June 1975 »
    subject to Article 7# and shall be as follows ;
            Germany            150 head
            France             100 head
            Ireland             25 head
            Italy           3.150 head
            United Kingdom      75 head . •
2 . The second part of 12 000 head shall be held as a Community reserve .
                                Article 4
If requirements arise in countries of the Benelux Economic Union or in
Denmark for cattle referred to in Article 1 ( l ), these Member countries
shall draw an adequate share from the reserve , in so far as the reserve
permits .
                                Article 5
                                                             *        '
    If 90% or more of the initial share of one of the Ileirber States referred
    to in Article 3 , or of that share loss the amount returned to the* reserve,
    where Article 7 has been applied, has been used up , that Member State
    shall immediately , by notifying the Commission, draw a second share , in
    so far as the reserve permits , equal to 15$ of its initial share , rounded
    off upwards , if necessary , to the next unit , .
 ---pagebreak---                                       - 6 -
                                                                               t
2 . If , after the initial share has been exhausted , 90,° or more of the
     second share drawn "by one of these Member States has been used up , that
     Member State   shall , in accordance with paragraph 1 , immediately draw
     a third share equal to 7»5 $ of its initial share , rounded off upwards ,
     if necessary , to the next unit .
3 . If , after the second share has been exhausted , 9C$ or more of the third
     share drawn by one of these Member States has been used up , that
     Member State shall , in accordance with paragraph 1 , draw a fourth share
     equal to the third .
     The same method shall be applied until the reserve is exhausted ,
4 . By way of derogation , from paragraphs 1 , 2 and 3 , er.ch of these Member
     States may draw shares lower than those fixed in these paragraphs if
     there are reasons to consider that such shares might not be exhausted .
     They shall inform the Commission of the grounds which led them to apply
     this paragraph .
                                    Article 6
Additional shares drawn in pursuance of Article 5 shall apply until 30
June 19"} 5 •
                                    Article 7
    ty 5 April 1975 > a Member State has not exhausted its initial share as
fixed     Article 3   sa- resulxing from the application of Article 4 , it
shall »   not later than 25 April 1975 , return to the reserve the unused
proportion of the share in exoess of 2C$ of the initial amount .       It may
return a larger quantity if there are reasons to consider that - such
quantify night r.ot be used up .
The Member States , shall not later than 25 April 1975 » notify the Commission
of the total imports of the animals in question effected up to 5 April 1975
inclusive and charged against the tariff quota and , where appropriate , the
proportion of their initial quota share thssy return to the reserve .
 ---pagebreak---                                       - 7 -                   ι
V
ψ
                                     Article 8
   The Commission shall keep accounts of the amounts of the shares opened by
   Member Statea in accordance with Articles 3 , 4 and 5 and shall inform each
   of them of the extent to which the reserve has "been exhausted as soon as
   it receives the notifications .
   The Commission shall , not later than 1 May 1975 » notify Member States of
   the amount in the reserve after the return of shares pursuant to Article 7 »
   The Commission shall ensure that any drawing which exhausts the reserve
   is limited to the "balance available and , to this end , shall specify the
   amount thereof to the Member Stats making the last drawing.
                                     Article 9
  The Member States shall take all measures necessary to ensure that when
   additional shares are drawn pursuant to Article 4 or 5 i"t is possible for
   imports to be counted without interruption against their accumulated
   shares of the Community quota .
           <                                   . »
      C
                                    Article 10
  1 . Member States shall take all measures necessaiy to ensure that the
      aoceee to the tariff quota in question is restricted to cattle as
      specified in Article 1 (l ) and ( 2 ).
                                                                    ♦ /.
 ---pagebreak---                                    - 8 -
                                                                             1
                                                                             !
                                                                           »
                                                                             )
2 . They shall ensure free access to the shares allocated to them for
    importers established, in their territory .
3 . Member States shall count the animals in question against their shares
    as the animals are presented for customs clearance under cover of
    entries for loae use .
4 . The extent to which the shares of the Member States have been used up
    shall be recorded on the basis of imports counted as specified in
    paragraph 3 .
                                 Article 11
The Member States shall inform the Commission at regular intervals of
imports actually charged against their shares •
                                 Article 12
The Member States and the Commission shall cooperate closely to ensure
that the provisions of this Regulation are observed .
                                 Article 13
This Regulation shall enter into force on 1 July 1974 .
This Regualtion shall be binding in its entirety and directly applicable
in all Member States .
Done at Brussels .
                                                 For the Council
                                                  The President