CELEX: 51986PC0106(02)
Language: en
Date: 1986-02-28
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) OPENING, ALLOCATING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA OF 5 000 HEAD OF BULLS, COWS AND HEIFERS, OTHER THAN THOSE INTENDED FOR SLAUGHTER, OF CERTAIN ALPINE BREEDS, FALLING WITHIN SUBHEADING EX 01.02 A II OF THE COMMON CUSTOMS TARIFF

No C 74/8                               Official Journal of the European Communities                                   3. 4. 86
               Proposal for a Council Regulation opening, allocating and providing for the administration of a
               Community tariff quota of 5 000 head of bulls, cows and heifers, other than those intended for
               slaughter, of certain Alpine breeds, falling within subheading ex 01.02 A II of the Common
                                                         Customs Tariff
                                                       COM(86) 106 final
                                (Submitted by the Commission to the Council on 5 March 1986)
                                                          (86/C 74/06) ,
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            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
Having regard to the Treaty establishing the European               allocating the Community tariff quota among the
Economic Community, and in particular Articles 43 and               Member States; whereas possibilities for the use of such
 113 thereof,                                                       mountain breeds are, however, limited by special factors,
                                                                    both geographical and zootechnical; whereas the
                                                                    Benelux countries and Denmark do not have regions
Having regard to the proposal from the Commission,
                                                                    suitable for breeding this kind of cattle; whereas,
                                                                    however, in view of such special factors, the Community
Having regard to the opinion of the European Par-                   nature of the tariff quota in question should be preserved
liament,                                                            by making provision for requirements which may arise in
                                                                    these Member States; whereas, to this end, these
                                                                    Member States may proceed to draw adequate shares
"Whereas the European Economic Community undertook                  from the Community reserve which has been set up;
within the framework of GATT, to open an annual                     whereas, in order to reflect as closely as possible the
Community tariff quota of 5 000 head at a duty of 4 %               actual trend of the market in question, the initial
for bulls, cows and heifers, other than those intended for          allocation must be made in proportion to the
slaughter, of certain Alpine breeds, falling within sub-            requirements of each of the Member States concerned,
heading ex 01.02 A II of the Common Customs Tariff;                 calculated in accordance with statistical data concerning
whereas eligibility for such quota is subject to submission         imports from third countries during a representative
of the following documents:                                         reference period and with economic prospects for the
                                                                    quota period in question;
— bulls: a pedigree certificate,
— female animals: a pedigree certificate of registration            Whereas, since the animals in question belong to certain
     in the herdbook, certifying purity of breed;                   specific breeds which are not specified as such in the
                                                                    Statistical nomenclatures of the Member States, no data
                                                                    on imports provided by the Member States could be
Whereas the abovementioned tariff quota for the period              considered to be sufficiently accurate and representative
 1 July 1986 to 30 June 1987 should, therefore, be                  to be used as a basis for the allocation in question;
opened at a duty of 4 % ; whereas a check should be                 whereas the extent to which Community tariff quotas for
carried out to ascertain that the imported animals have             those animals in the Community have been exhausted
not been slaughtered within a certain period in                     and the estimates made by certain Member States enable
accordance with Article 1 (3);                                      the requirements of each of them as regards imports
                                                                    from third countries for the quota period envisaged to be
Whereas, pursuant to Article 75 (2) (a) of the Act of               assessed as follows:
Accession, Spain is obliged from 1 March 1986 to apply
in its entirety the duty in the Common Customs Tariff to                     Germany                        1 000 head,
the animals in question; whereas this obligation does not                    France                           120 head,
apply in the case of Portugal according to the provisions                    Italy                          4 630 head;
of Article 289 (1) of this Act; whereas it is therefore
necessary to meet import requirements from third                    whereas the needs of the United Kingdom, Ireland and
countries which might arise in Spain; whereas within the            Spain may, in the absence of precise information, be
framework of this tariff quota the duty to be applied by            assessed at 75, 25 and 100 head respectively;
that Member State is also 4 % ;
Whereas, it is in particular necessary to ensure equal and          Whereas, in order to take into account the possible trend
continuous access for all Community importers to the                of imports of the aforementioned animals into the said
abovementioned        quota,    and    the     uninterrupted        Member States, the quota amount of 5 000 head should
application of the quota duties to all imports of the               be divided into two parts, the first part being allocated
 ---pagebreak--- 3.4.86                                  Official Journal of the European Communities                                    No C 74/9
among certain Member States, the second forming a                  2.     Eligibility for this tariff quota shall be subject to the
reserve intended subsequently to cover the requirements            submission of:
of those Member States when their initial shares are
exhausted and requirements which may arise within                  — in the case of bulls: a pedigree certificate,
other Member States; whereas, in order to ensure a
certain degree of security for importers in the                    — in the case of female animals: a pedigree certificate
aforementioned Member States, the first part of the                     or certificate of registration in the herdbook,
Community quota should be determined at a                               certifying purity of breed.
comparatively high level which under the present
circumstances may be about 86 % of the quota amount;
                                                                    3.    For the purposes of this Regulation, the
                                                                   abovementioned cows and heifers shall be considered not
                                                                   intended for slaughter if they are not slaughtered within
Whereas, the initial shares of those Member States may             four months following the date of their importation.
be used up more or less rapidly; whereas, in order to
take this fact into account and avoid any break in                 Derogations may, however, be granted in the event of an
continuity, it is important that that Member State having          act of God (disease, accident) duly attested by a local
used up almost the whole of its initial share should draw          authority certificate setting out the reasons for the
an additional share from the reserve; whereas this must            slaughter.
be done by each of these Member States as and when
each of its additional shares is almost entirely used up,          4.     The said quota shall be administered in accordance
and repeated as many times as the reserve allows;                  with the following Articles.
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                                            Article 2
between Member States and the Commission, which
latter must, in particular, be able to observe the extent to       Within the framework of the quota referred to in Article
which the quota amounts are used and inform Member                  1 (1), the Common Customs Tariff duty for the animals
States thereof;                                                    referred to in the said paragraph shall be suspended at
                                                                   4%.
Whereas if, at a specified date within the quota period, a                                      Article 3
considerable balance of the initial share of one or other           1.    A first part of 4 300 head shall be allocated among
of the Member States is left over, it is essential that that       the Member States listed below. The shares shall apply
State should return a considerable part of such balance            from 1 July 1986 to 30 June 1987 subject to Article 7,
to the reserve in order that part of the Community quota           and shall be as follows:
should not remain unused in one Member State while it
could be used in others;                                                    Germany                              850  head,
                                                                            Spain                                 100 head,
                                                                            France                                100 head,
Whereas, since the Kingdom of Belgium, the Kingdom                          Ireland                                25 head,
of the Netherlands and the Grand Duchy of Luxem-                            Italy                              3 150  head,
bourg are united within and jointly represented by the                      United Kingdom                         75 head.
Benelux Economic Union, any measure concerning the
administration of the shares allocated to that economic            2.     The second part of 700 head shall be held as a
union may be carried out by any one of its members,                Community reserve.
                                                                                                Article 4
HAS ADOPTED THIS REGULATION:                                       If an importer notifies an imminent importation of the
                                                                   animals in question in countries of the Benelux
                                                                   Economic Union, in Denmark or in Greece and requests
                                                                   the benefit of the quota, the Member State concerned
                          Article 1                                shall inform the Commission and draw an amount
1.    During the period 1 July 1986 to 30 June 1987, a             corresponding to these requirements to the extent that
Community tariff quota of 5 000 head shall be opened               the available balance of the reserve permits this.
within the European Economic Community in respect of
the imports from third countries of bulls, cows and
                                                                                                Article 5
heifers, other than those intended for slaughter, of the
following mountain breeds: the mottled Simmental breed             1.     If 90 % or more of the initial share of one of the
and the Schwyz and Fribourg breeds, falling within                 Member States referred to in Article 3, or of that share
subheading ex 01.02 A l l of the Common Customs                    less the amount returned to the reserve, where Article 7
Tariff.                                                            has been applied, has been used up, that Member State
 ---pagebreak--- No C 74/10                               Official Journal of the European Communities                                     3.4.86
shall immediately, by notifying the Commission, draw a              Articles 3, 4 and 5 and shall inform each of them of the
second share, in so far as the reserve permits equal to             extent to which the reserve has been exhausted as soon
10 % of its initial share rounded off upwards, if                   as it receives the notification.
necessary, to the next unit.
                                                                    The Commission shall, not later than 5 March 1987,
2.    If, after the initial share has been exhausted, 90 %          notify Member States of the amount in the reserve after
or more of the second share drawn by one of these                   the return of shares pursuant to Article 7.
Member States has been used up, that Member State
shall, in accordance with paragraph 1, immediately draw             The Commission shall ensure that any drawing which
a third share equal to 5 % of its initial share, rounded            exhausts the reserve is limited to the balance available
off upwards, if necessary, to the next unit.                        and, to this end, shall specify the amount thereof to 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 these                                               Article 9
Member States has been used up, that Member State
shall, in accordance with paragraph 1, draw a fourth                The Member States shall take all measures necessary to
share equal to the third.                                           ensure that when additional shares are drawn pursuant
                                                                    to Articles 4 or 5 it is possible for imports to be counted
The same method shall be applied until the reserve is               without interruption against their accumulated shares of
exhausted.                                                          the Community quota.
4.    By way of derogation from paragraphs 1, 2 and 3,                                        Article 10
each of these Member States may draw shares lower
than those fixed in these paragraphs, if there are reasons          1.     Member States shall take all measures necessary to
to consider that such shares might not be exhausted.                ensure that the access to the tariff quota in question is
They shall inform the Commission of the grounds which               restricted to cattle as specified in Article 1(1) and (2).
led them to apply this paragraph.
                                                                    2.     They shall ensure free access to the shares allocated
                                                                    to them for importers.
                            Article 6
                                                                    3.     The extent to which the shares of the Member
Additional shares drawn pursuant to Article 5 shall apply
                                                                    States have been used up shall be recorded on the basis
until 30 June 1987.
                                                                    of imports submitted for customs clearance under cover
                                                                    of declarations that they have been made available for
                            Article 7                               free circulation.
Member States shall return to the reserve, not later than
                                                                    4.     Where import documents are used for the
1 March 1987, the unused portion of their initial share in
                                                                    administration of the quota, they shall be sent to the
excess, on 15 February 1987, of 5 % of the initial
                                                                    issuing body as soon as possible and at all events on their
amount. They may return a larger quantity if there are
                                                                    expiry.
reasons to consider that such quantity may not be used.
However, amounts for which import certificates have                                           Article 11
been issued but not used shall not be returned to the               On request by the Commission, Member States shall
reserve.                                                            inform it of imports actually charged against their shares.
The Member States shall, not later than 1 March 1987,
notify the Commission of the total imports of the                                             Article 12
animals in question effected up to 15 February 1987                 Member States and the Commission shall cooperate
inclusive, and charged against the tariff quota, the                closely to ensure that the provisions of this Regulation
amounts referred to in the second subparagraph and,                 are observed.
where appropriate the porportion of their initial share
that they return to the reserve.
                                                                                              Article 13
                            Article 8                               This Regulation shall enter into force on 1 July 1986.
The Commission shall keep accounts of the amounts of                This Regulation shall be binding in its entirety and
the shares opened by Member States in accordance with               directly applicable in all Member States.