CELEX: 51983PC0070
Language: en
Date: 1983-02-15
Title: Proposal for a COUNCIL REGULATION (EEC) on the opening, allocation and administration of the Community Tariff quota of 38 000 head of heifers and cows, other than these intended for slaughter, of certain mountain breeds falling within subheading ex 01.02 A II of the Common Customs Tariff#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, other than these intended for slaughter, of certain alpine breeds falling within subheading ex 01.02 A II of the Common Customs Tariff (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (83) 070
Vol. 1983/0025
 ---pagebreak--- Disclaimer
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concernant l'ouverture au public des archives historiques de la Communauté économique
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak---     COMMISSION OF THE E U R O P E A N COMMUNITIES
                                                                       COM(83) 70        final
                                                                       Brussels,      15  February     1983
                                  Proposal f o r a
                               COUNCIL REGULATION (EEC)
        on  the opening, a l l o c a t i o n   and a d m i n i s t r a t i o n o f t h e Community
        Tariff   q u o t a o f 38 000    head   o f h e i f e r s and cows, o t h e r       than
        these  intended f o r slaughter,           o f c e r t a i n mountain       breeds     falling
        within   subheading       e x 01.02   A I I o f t h e Common C u s t o m s         Tariff
                                 Proposal f o r a
                              COUNCIL REGULATION (EEC)
       on  the opening, a l l o c a t i o n   and a d m i n i s t r a t i o n o f t h e Community
       Tariff   q u o t a o f 5 000    head   of bulls,       cows and h e i f e r s ,     other
       than  these intended f o r slaughter,              of certain alpine              breeds
       falling   w i t h i n subheading     e x 01.02     A I I o f t h e Common C u s t o m s     Tariff
                            (submitted to the C o u n c i l by the Commission)
COM(83) 70   final
 ---pagebreak---                                                    EX P L AN A T CRY       M FMQR A N '';IJM
   1. At T h e l e s t m u L t - U ^ r - a i         c^T-      n e g o t i a t i o n s , t h e Europe*.-.      Economic
        r—nunity        ^ertook           t o open c e r t a i n cnnual. Comm.-ni • y q u o t a s                      including.
        in the a g r i c u l t u r a l    sector,          those       s e t out below
       CfT                                                                                            , .
       heading                          d e s c r i p t i o n o f goods                                 "                  >.ucta
       ,,                                                             "                         vo l.i ime                volume
       ex  01 „Q2    A        COWS anc                 *••'?., N O T i n t e n d e d
                              f or ••: i. • uahter,. o+ v hc f o I l o w i n g
                             mount.-!-IN B R E E D S ; G R E Y , b r o w n ,
                             y e l l o w and root t i e d            Simmental
                             b r e e d and P i n z g a u b r e e d ( c o n d i -
                             T i o n s T O be d e t e r m i n e d B Y t h e
                             competent a u t h o r i t i e s O ; t h e
                             Member S t a t e o f dest: i n a t i o n )                         AO GOG head                  6 %
      ex 0 1 . 0 ? A         B u l l s , cows &nd h e i f e r s , n o i i n -
                             iended f o r sLaughter, of T H E
                            f O I I OW i nG           I. p 111 e H r O e RL S     :
                            mot 1: F E D 5 i mm en I a I b r e e d and
                            St buy? a n d P r i b o u r g b r e e d s *
                             I f t h e y erf* T O C O M E w i t h i n
                            the quoto, animals o f t h e
                            b r e e d s i n q u e s t i o n must s a t i s ­
                            fy the f o l l o w i n g requirements ;
                            - bulls              pedigree
                            ~ female animals : p e d i g r e e o r
                                c e r t i f i c a t e of r e g i s t r a t i o n
                                i n herboo!. c e r t i f y i n g p u r i t y
                                of breed                                                          5 0 0 0 head              4 %
2,   In response         t o r e q u e s t s from          t h e S w i s s and A u s t r i a n     a u t h o r i t i e s , the
     tariff    quotas       i n q u e s t i o n have been open s i n c e 1 J u l y                      1970 a n d c o v e r
     the p e r i o d   from     1 July        i n each        y e a r t o 30 J u n e i n t h e f o l l o w i n g          year.
     These q u o t a s    were      last      o p e n e d by R e g u l a t i o n s ( E E C ) N o s *       1578 a n d 1579/82
     of   14 J u n e 1982 ( 0 J N o L 178 o f 22 J u n e 1 9 8 2 ) f o r t h e p e r i o d                           from    1 July
     1982   t o 30 J u n e 1 9 8 3 .
 ---pagebreak---                                                                   -   2    -
   3.     In   an e x h a n g e    of    Letters        with    Austria          dated       21   July      1972,      the
          Community          undertook         to   increase,        uniLatereLLy,                the s i z e      o f the
         first       tariff      quota       set    out    above     from        20 000 t o         30 000       head    and   to
          Lower     the     quota     duty      from     6 % to      4 %„ M o r e o v e r , t h e           quotas'      volumes
         were     unilaterally             increased        up t o     38     000      head     from      the    end o f    1977.
  4.     In   order       to   meet     Community o b l i g a t i o n s ,            it    is   therefore         necessary       to
         adopt      Regulations           on t h e     opening,        a l l o c a t i o n and        administration of            the
         Community          tariff      quotas,        for    the    period          front     1 July       1983     to
        30    June      198 4,    in    relation         to   the   quantities              of   38 000 and           5 000    head.
        This     is     the    object       of    the    proposals         annexed           hereto.
 5.     As r e g a r d s     the   a l l o c a t i o n of    the    tariff          quotas       and,      more     especially,
        the     fixing       of   initial        shares,       it   s h o u l d be        noted      that,      as    in the    case
       of    previous          quota     periods,         this    has     been        based      l a r g e l y on t h e     estimates
       of    requirements            by    the     Member S t a t e s ,        since        specialized,            complete
       statistical             date    are     not     available.
       The     proposal         for   a Regulation submitted                        to   the     Council        concerning
       the     first       tariff     quota        of   38   000    head       of     cattle       set    out    above     provides
       for     the     fixing      of    a   first      part    to   be      a l l o c a t e d among p r o p o r t i o n a l l y
       to    their       forecast       needs       among      certain         Member S t a t e s         among w h i c h     are
      the     Benelux c o u n t r i e s ,          Germany,       Greece,          France,        Ireland,         Italy    and
      the     United        Kingdom.        The     remainder        constitues              a  Community r e s e r v e        which
      may     be    d r a w n up o n n o t        only     by t h e    abovementioned                 Member       States,    but
      also,       i f necessary,            by     Denmark.
6.    The p r o p o s e d      method       of    administration of                  the    second        tariff      quota   of
      5 000 head            of   cattle       set     out   above      differs          from     that       proposed       under
      para.      5 above        only      inasmuch        as   the     first         part      constitutes          70 % o f
     the     quota        and   the    Community r e s e r v e          30 % o f          the    quota,       to    take    account
     both      of    the     Large q u a n t i t i e s      which     can       be    expected         to    be   dran     against
     the     initial         Italian       shere       forthwith        and       the     need     to    cover      any   needs
     which       may a r i s e     i n the       Benelux countries                  i n Denmark and             in    Greece.
 ---pagebreak---                                                                    -   3   -
   7„    The    interpretation               to    be   given      to    the   phrase    "not      intended       for
         slaughter"         har,     been      the    subject        o f an    exchange       of   views     annually
         since      1974«
         It   had    been    apparent            from    those       discussions       that,       in  the   case of
        animals        whose      i ~ p o r r 51 i o n   was    subject       to   submission         of  a   breeding
        certi f i rate       (certificate              c'f   pedigree        or  of  registration           in   the
        he^dbook),         c h e c k sr.^     the    purpose        for    wnich ths      animals        are   in   fact
       us;d      v.'ould i s     pairs* l e s s      in    view,      in parti cular,         of    the   high    price
       of    such     animals...       A*tuning that              such     a  certificate         is   not    required,
       a    period      of       month;,        from    the     day    of    importation        would appear          the
       minimum p e r i o d         after       which       imported       animals     c o u l d be     considered
       not    to    be   intended          for      slaughter.
       This     solution        was      adopted        by    the    Council      as  an   experiment         for    the
      period       from     1 July         1 9 7 4 t o 30      June      1975   and  was     then     adopted      once
      more      for    ths   following            tariff        periods.
      At    discussions          at     Council        level      in    1978    and  1979      it   was   decided      with
      the    agreement         of    the      Swiss      authorities          to extend        the    control     measure
     on     the   non    slaughter           of    animals        imported       with   the above          breeding
     certificate           under       the      second       quota     o f 5 000     head.
8.  The t a b l e       which      follows         lists      the actual         utilisation         o f the quotas
     in q u e s t i o n over t h e l a s t            t h r e e quota p e r i o d s :
 ---pagebreak---                                         - 4 -
a) Quota f o r 38 000 head a t 4%
                                  P e r i od: Period:    Period:
              Member S t a t e    1-7-79 t o  1-7-80 t o 1-7-81 t o
                                  30-6-80     30-6-81    3 0 - 6-82
                                                         ( s i t u a t i o n at
                                                         3 1 - 12-81)
   Bene Lux                             200          54                 0
   Denmark                                 0           0                0
   Germany                        21     827    20 881         8 202
   Greece                                              0                0
   France                                  0          17              53
   I r e Land                              0           0                0
   I t a Ly                       14     900     9   190        6    421
   United     Kingdom                      0           0                0
                                  36     927    30  142       14     676
b) Quota f o r 5 000 head a t 4%
   Bene Lux                                0           0                0
   Denmark                                 0           0                0
   Germany                          3    256        446             127
   G reece                                             0                0
   France                                                               0
                                           0           0
   I r e Land                                          0                0
                                           0
   Italy                                         4  554         2    097
                                    1 643
   United     Kingdom                                  0                0
                                           0
                                    4    899     5  000         2    224
 ---pagebreak---                                                      Proposal   for a
                                    COUNCIL REGULATION (EEC) No . . . .
                opening, allocating and providing for the administration of a Community tariff
                quota for 38 000 head of heifers and cows, other than those intended for
                slaughter, of certain mountain breeds, falling within subheading ex 01.02 A II of
                                               the Common Customs Tariff
   THE COUNCIL OF THE EUROPEAN                                   to meet import requirements from third countries
   COMMUNITIES,                                                 which might arise in that Member State; whereas
                                                                within the framework of this tariff quota the duty to
                                                                be applied by Greece is also 4 % ;
   Having regard to the Treaty establishing the European
   Economic Community, and in particular Articles 43
   and 113 thereof,
                                                                Whereas it is in particular necessary to ensure equal
                                                                and continuous access for all Community importers to
   Having regard to the proposal from the Commission,
                                                                the abovementioned quota, and the uninterrupted
                                                                application of the quota duties, to all imports of the
  Having regard to       the  opinion   of   the European       animals in question until the quota is exhausted;
  Parliament                                                    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
  Whereas the European Economic Community under­               Member States; whereas possibilities for the use of
  took, within the framework of GATT, to open an               such mountain breeds are, however, limited by special
  annual Community tariff quota of 20 000 head at a            factors, both geographical and zootechnical; whereas
  duty of 6 % for heifers and cows, other than those           the Benelux countries and Denmark do not have
 intended for slaughter, of certain mountain breeds,           regions suitable for breeding this kind of cattle;
 falling within subheading ex Oi.02 A II of the                whereas, however, in view of such special factors,
 Common Customs Tariff; whereas eligibility for such           Community nature of the tariff quota in question
 quota is subject to conditions to be determined by the        should be preserved by making provision for require­
 competent authorities of the Member State of destina­         ments which may arise in these Member States;
 tion ; whereas, in an exchange of letters with Austria        whereas, to this end, these Member States may proceed
 dated 21 July 1972, the Community has undertaken              to draw adequate shares from the Community reserve
 unilaterally to increase the size of the tariff quota from   which has been set up; whereas, in order to reflect as
 20 000 to 30 000 head and to lower the quota duty             closely as possible the actual trend of the market in
 from 6 to 4 % ; whereas, subsequently, this quota was         question, the initial allocation must be made in
increased unilaterally to 38 000 head; whereas the             proportion to the requirements of each of the Member
abovementioned tariff quota for the period 1 July             States concerned, calculated in accordance with statis­
 1983 to 30 June 198 4 should therefore be opened at a        tical data concerning imports from third countries
duly of 4 % in relation to a quantity of 38 000 head ;        during a representative reference period and with
                                                              economic prospects for the quota period in question ;
Whereas under Articles 2 and 64 (2) (b) of the 1979
Act of Accession, Greece is obliged to apply the Regu­
lations of the common agricultural policy from 1              Whereas, since the animals in question belong to
January 1981, and to apply in its entirety from that          certain specific breeds which are not specified as such
date, the duty in the Common Customs Tariff to the            in the statistical nomenclatures of the Member States,
animals in question ; whereas it is therefore necessary       no data 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
 ---pagebreak---                                                      - 2 -
question ; whereas the extent to which Community              economic union may be carried out by any one of its
tariff quotas for those animals in the Community have         members,
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          HAS ADOPTED THIS REGULATION :
quota period envisaged to be assessed as follows :
         Germany                      20 000 head                                     Article 1
         France                        1 500 head             1.     During the period 1 July 198 3 to 30 June 1984,
         Italy                        11 500 head             a Community tariff quota of 38 000 head shall be
                                                              opened within the European Economic Community in
whereas in the absence of precise information, the            respect of imports from third countries of cows and
needs of the Benelux countries, Greece, the United            heifers, other than those intended for slaughter, of the
Kingdom and Ireland may be assessed at 200, 1 560,            following mountain breeds; grey, brown, yellow and
200 and 100 head respectively;                                mottled Simmental breed and mottled Pinzgau breed,
                                                              falling within subheading ex 01.02 A II of the
Whereas, in order to take into account the possible           Common Customs Tariff.
trend of imports of the aforementioned animals into
the said Member States, the quota amount of 38 000            2.     For the purposes of this Regulation, the above-
head should be divided into two parts, the first being        mentioned cows and heifers shall be considered not
allocated among certain Member States, the second             intended for slaughter if they are not slaughtered
forming a reserve intended subsequently to cover the          within four months following the date of their impor­
requirements of those Member States when their                tation.
initial shares are exhausted and requirements which
                                                               Derogations may, however, be granted in the event of
may arise within other Member States ; whereas, in
                                                              an act of God                            duty attested by a
order to ensure a certain degree of security for impor­
                                                              local authority certificate setting out the reasons for
 ters in the aforementioned Member States, the first
                                                               the slaughter.
part of the Community quota should be determined at
a level which, under the present circumstances, may            3.    The said quota shall be administered in accor­
                              t r i e
be approximately £ 2 °/° °f            quota amount;           dance with the following Articles.
Whereas, the initial shares of those Member States
 may be used up more or less rapidly; whereas, in                                     Article 2
 order to take this fact into account and avoid any
 break in continuity, it is important that that Member         Within the framework of the quota referred to in
 State having used up almost the whole of its initial          Article 1 (1), the Common Customs Tariff duty for the
 share should draw an additional share from the                animals referred to in the said paragraph shall be
 reserve; whereas this must be done by each of these           suspended at 4 %.
 Member States as and when each of its additional
 shares is almost entirely used up, and repeated as                                    Article   3
                                                                                        l
 many times as the reserve allows; whereas the initial
 and additional shares must be available until the end
                                                                                         ^fo6   head shall be allocated
                                                                1.   A first part of
 of the quota period ; whereas such method of adminis­         among the Member States listed below. The shares
 tration calls for close cooperation between Member            shall apply from 1 July 1983. to 30 June 1984 subject
 States and the Commission, which latter must, in              to Article 7, and shall be as follows :
 particular, be able to observe the extent to which the
                                                                        Benelux                            200 head
 quota amounts are used and inform Member States
                                                                        Germany                        12100   head
 thereof;
                                                                        Greece                           1 560 head
                                                                        France                         1 2 00  head
 Whereas if, at a specified date within the quota period,               Ireland                            100 head
 a considerable balance of the initial share of one or                  Italy                         8 340    head
 other of the Member States is left over, it is essential               United Kingdom                     500 head
 that that State should return a considerable part of                                      14.300
 such balance to the reserve in order that part of the          2.    The second part of            head shall be held as a
  Community tariff quota should not remain unused in            Community reserv*
  one Member State while it could be used in others ;
                                                                                       Article 4
 Whereas, since the Kingdom of Belgium, the
  Kingdom of the Netherlands and the Grand Duchy of       I f an i m p o r t e r n o t i f i e s an imminent
  Luxembourg are united within and jointly represented    i m p o r t a t i o n o f the animals i n q u e s t i o n
  by the Benelux Economic Union, any measure concer­
                                                          i n Denmark a n d r e q u e s t s t h e b e n e f i t o f
  ning the administration of the shares allocated to that
                                                          t h e q u o t a , t h e Member S t a t e c o n c e r n e d
                                                          s h a l l i n f o r m t h e C o m m i s s i o n a n d draw
                                                          an amount c o r r e s p o n d i n g t o t h e s e r e q u i ­
                                                          rements t o the e x t e n t t h a t the a v a i l a b l e
                                                          balance o f the reserve p e r a i t s t h i s .
 ---pagebreak---                                                     -  3  -
                         Article 5                                                   Article 8
1.     If 90 % or more of the initial quota share of one    The Commission shall keep accounts of the amounts
of the Member States referred to in Article 3, or of that   of the shares opened by Member States in accordance
share less the amount returned to the reserve, where        with Articles 3, 4 and 5 and shall inform each of them
Article 7 has been applied, has been used up, that          of the extent to which the reserve has been exhausted
Member State shall immediately, by notifying the            as soon as it receives the notifications.
Commission, draw a second share in so far as the
reserve permits, equal to 15 % of its initial share,        The Commission shall, not later than 5 March 198V,
rounded off upwards, if necessary, to the next unit.        notify Member States of the amount in the reserve
                                                            after the return of shares pursuant to Article 7.
2.     If, after the initial share has been exhausted,
                                                            The Commission shall ensure that any drawing which
90 % or more of the second share drawn by one of
                                                            exhausts 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 1, immedia­
                                                            the Member State making the last drawing.
tely draw a third share equal to 7-5 % of its initial
share, rounded off upwards, if necessary, to the next
 unit.                                                                                Article 9
 3.     If, after the second share has been exhausted,       Member States shall take all measures necessary to
 90 % or more of the third share drawn by one of these       ensure that when additional shares are drawn pursuant
 Member States has been used up, that Member State           to Article 4 or 5 it is possible for imports to be
 shall, in accordance with paragraph 1, draw a fourth        counted without interruption against their accumu­
 share equal to the third.                                   lated shares of the Community quota.
 The same method shall be applied until the reserve is
                                                                                      Article 10
 exhausted.
                                                              1.    Member States shall take all measures necessary
 4.     By way of derogation from paragraphs 1, 2 and 3,     to ensure that access to the tariff quota in question is
 each of these Member States may draw shares lower           restricted to cattle as specified in Article 1 (1) and (2).
 than those fixed in these paragraphs if there are
 reasons to consider that such shares might not be           2.     They shall ensure free access to the shares allo­
 exhausted. They shall inform the Commission of the          cated to them for importers.
 grounds which led them to apply this paragraph.
                                                              3.    The extent to which the shares of the Member
                          Article 6                           States have been used up shall be recorded on the
                                                              basis of imports submitted for customs clearance
 The additional shares drawn in pursuance of Article 5        under cover of declarations that they have been made
 shall apply until 30 June 1984.                              available for free circulation.
                                                              4.    Where import documents are used for the
                          Article 7                           administration of the quota, they shall be sent to the
                                                              issuing body as soon as possible and at all events on
  Member States shall return to the reserve, not later        their expiry.
  than 1 March 198 4 the unused portion of their initial
  share in excess, on 15 February 1984, of 5 % of the
                                                                                       Article 11
  initial amount. They may return a larger quantity if
  there are reasons to consider that such quantity may        On request by the Commission, Member States shall
  not be used.                                                inform it of imports actually charged against their
                                                              shares.
  However, amounts for which import certificates have
  been issued but not used shall not be returned to the
  reserve.                                                                             Article 12
                                                               Member States and the Commission shall cooperate
  The Member States shall, not later than 1 March 198 4,
                                                               closely to ensure that the provisions of this Regulation
  notify the Commission of the total imports of the
                                                               are observed.
  animals in question effected, up to 15 February 198 4
  inclusive, and charged against the tariff quota, the
  amounts referred to in the second subparagraph and,                                  Article 13
  where appropriate the proportion of their initial share
   that they return to the reserve.                            This Regulation shallenter into force on 1 July 1983.
 ---pagebreak---                                         - 4 -
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at
                                                         For the Council
                                                          The President
 ---pagebreak---                                                        Proposal          for a
                                      C O U N C I L R E G U L A T I O N (EEC) N o
                                                         Of   » * B « » n B B o a
                  opening, allocating and providing for the administration of a Community tariff.
                  quota for 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
                                                   C o m m o n Customs Tariff
    THE COUNCIL OF T H E EUROPEAN                                        by allocating the Community tariff quota among the
    COMMUNITIES,                                                         Member States; whereas possibilities for the use of
                                                                         such mountain breeds are, however, limited by special
                                                                         factors, both geographical and zootechnical; whereas
    Having regard to the Treaty establishing the European
                                                                         Denmark does not have regions suitable for breeding
    Economic Community, and in particular Articles 43
                                                                        this kind of cattle; whereas, however, in view of such
    and 113 thereof,
                                                                        special factors, the Community nature of the tariff
                                                                        quota in question should be preserved by making
    Having regard to the proposal from the Commission,                  provision for requirements which may arise in this
                                                                        Member State; whereas, to this end, this Member State
    Having regard to     the   opinion of     the European              may proceed to draw adequate shares from the
   Parliament                                                           Community reserve which has been set up; whereas,
                                                                        in order to reflect as closely as possible the actual
                                                                       trend of the market in question, the initial allocation
   Whereas the European Economic Community under­
                                                                       must be made in proportion to the requirements of
   took, within the framework of GATT, to open an
                                                                       each of the Member States concerned, calculated in
   annual Community tariff quota of 5 000 head at a duty
                                                                       accordance with statistical data concerning imports
   of 4 % for bulls, cows and heifers, other than those
                                                                       from third countries during a representative reference
   intended for slaughter, of certain Alpine breeds, falling
                                                                       period and with economic prospects for the quota
  within subheading ex 01.02 A II of the Common
                                                                       period in question;
   Customs Tariff; whereas eligibility for such quota is
  subject to submission of the following documents:
  — bulls: a pedigree certificate,                                    Whereas, since the animals in question belong to
                                                                      certain specific breeds which are not specified as such
  — female animals : a pedigree certificate of registra­
                                                                      in the statistical nomenclatures of the Member States,
       tion in the herdbook, certifying purity of breed ;             no data on imports provided by the Member States
                                                                      could be considered to be sufficiently accurate and
  Whereas the abovementioned tariff quota for the                     representative to be used as a basis for the allocation in
  period 1 July 198 3 to 30 June 198 4 should, therefore,             question; whereas the extent to which Community
  be opened at a duty of 4 % ;                                        tariff quotas for those animals in the Community have
                                                                      been exhausted and the estimates made by certain
                                                                      Member States enable the requirements of each of
 Whereas, under Articles 2 and 64 (2) (b) of the 1979
                                                                      them as regards imports from third countries for the
 Act of Accession, Greece is obliged to apply the Regu­
                                                                      quota period envisaged to be assessed as follows:
 lations of the common agricultural policy from 1
 January 1981, and to apply in its entirety, from that
 date, the duty in the Common Customs Tariff to the                            Germany                        250 head
 animals in question ; whereas it is therefore necessary                       France                         120 head
 to meet import requirements from third countries                              Italy                        4 630 head
 which might arise in that Member State; whereas
within the framework of this tariff quota the duty to
 be applied by Greece is also 4 % ;
                                                                     whereas the needs of the United Kingdom and of
                                                                     Ireland may, in the absence of precise information, be
Whereas, it is in particular necessary to ensure equal               assessed at 75 and 25 head respectively;
and continuous access for all Community importers to
the abovementioned quota, and the uninterrupted
application of the quota duties to all imports of the                Whereas, in order to take into account the possible
animals in question until the quota is exhausted;                    trend of imports of the aforementioned animals into
whereas, having regard to the principles defined above,              the said Member States, the quota amount of 5 000
the Community nature of the quota can be respected                   head should be divided into two parts, the first part
                                                                     being allocated among certain Member States, the
                                                                    second forming a reserve intended subsequently to
 ---pagebreak---                                                      -   2    -
cover the requirements of those Member States when               2.      Eligibility for this tariff quota shall be subject to
their initial shares are exhausted and requirements              the submission of:
which may arise within other Member States ; whereas,
                                                                 —     in the case of bulls: a pedigree certificate,
in order to ensure a certain degree of security for
importers in the aforementioned Member States, the               —     in the case of female animals: a pedigree certifi­
first part of the Community quota should be deter­                     cate or certificate of registration in the herdbook,
mined at a comparatively high level which under the                    certifying purity of breed.
present circumstances may be about 70 % of the
quota amount;                                                    3.      For the purposes of this Regulation, the above-
                                                                 mentioned cows and heifers shall be considered not
                                                                 intended for slaughter if they are not slaughtered
Whereas, the initial shares of those Member States               within four months following the date of their impor­
may be used up more or less rapidly; whereas, in                 tation.
order to take this fact into account and avoid any
break in continuity, it is important that that Member            Derogations may, however, be granted in the event of
State having used up almost the whole of its initial             an act of God (disease, accident) duly attested by a
share should draw an additional share from the                   local authority certificate setting out the reasons for
reserve; whereas this must be done by each of these              the slaughter.
Member States as and when each of its additional
shares is almost entirely used up, and repeated as               4.      The said quota shall be administered in accor­
many times as the reserve allows; whereas the initial            dance with the following Articles.
and additional shares must be available until the end
of the quota period ; whereas such method of adminis­                                       Article 2
tration calls for close cooperation between Member
States and the Commission, which latter must, in                 Within the framework of the quota referred to in
particular, be able to observe the extent to which the           Article 1 (1), the Common Customs Tariff duty for the
quota amounts are used and inform Member States                  animals referred to in the said paragraph shall be
thereof;                                                         suspended at 4 %.
Whereas if, at a specified date within the quota period,                                     Article 3
a considerable balance of the initial share of one or
other of the Member States is left over, it is essential         1.      A first part of 3 500 head shall be allocated
that that State should return a considerable part of             among the Member States listed below. The shares
such balance to the reserve in order that part of the            shall apply from 1 July 198 3 to 30 June 198 4 subject
Community quota should not remain unused in one                  to Article 7, and shall be as follows:
Member State while it could be used in others;
                                                                            Germany                          150  head
                                                                            France                           100  head
Whereas, since the Kingdom of Belgium, the                                  Ireland                           25  head
Kingdom of the Netherlands and the Grand Duchy of                           Italy                          3150   head
Luxembourg are united within and jointly represented                        United Kingdom                    75  head
by the Benelux Economic Union, any measure concer­
ning the administration of the shares allocated to that          2.      The second part of 1 500 head shall be held as a
economic union may be carried out by any one of its              Community reserve.
members,
                                                                                             Article 4
                                                          I t an i m p o r t e r n o t i f i e s an imminent i m p o r ­
                                                         t a t i o n o f the a n i m a l s i n q u e s t i o n i n coun­
HAS ADOPTED THIS REGULATION :                            t r i e s o f the Benelux Economic U n i o n , i n
                                                         Denmark o r i n G r e e c e a n d r e q u e s t s t h e b e n e ­
                                                         f i t o f t h e q u o t a , t h e Member S t a t e c o n c e r ­
                        Article 1                        ned s h a l l i n f o r m t h e C o m m i s s i o n a n d draw
                                                         an amount c o r r e s p o n d i n g t o t h e s e r e q u i r e ­
1.    During the period 1 July 198i to 30 June 1984, ments t o t h e e x t e n t t h a t t h e a v a i l a b l e
a Community tariff quota of 5 000 head shall be b a l a n c e o f t h e r e s e r v e p e r m i t s t h i s .
opened within the European Economic Community in
respect of the imports from third countries of bulls,                                         Article i
cows and heifers, other than those intended for
slaughter, of the following mountain breeds: the                    1.     If 90 % or more of the initial share of one of the
mottled Simmental breed and the Schwyz and                         Member States referred to in Article 3, or of that share
Fribourg breeds, falling within subheading ex 01.02 A              less the amount returned to the reserve, where Article
II of the Common Customs Tariff.                                   7 has been applied, has been used up, that Member
                                                                   State shall imediately, 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---                                                    - 3 -
2.     If after the initial share has been exhausted,    of the extent to which the reserve has been exhausted
90 % or more of the second share drawn by one of         as soon as it receives the notification.
these Member States has been used up, that Member
State shall, in accordance with paragraph 1, immedia­    The Commission shall, not later than 5 March 1984*,
tely draw a third share equal to 7-5 % of its initial    notify Member States of the amount in the reserve
share, rounded off upwards, if necessary, to the next    after the return of shares pursuant to Article 7.
unit.
                                                         The Commission shall ensure that any drawing which
3.     If, after the second share has been exhausted,    exhausts the reserve is limited to the balance available
90 % or more of the third share drawn by one of these    and, to this end, shall specify the amount thereof to
Member States has been used up, that Member State        the Member State making the last drawing.
shall, in accordance with paragraph 1, draw a fourth
share equal to the third.
                                                                                 Article 9
The same method shall be applied until the reserve is    The Member States shall take all measures necessary to
exhausted.                                               ensure that when additional shares are drawn pursuant
                                                         to Article 4 or 5 it is possible for imports to be
4.     By way of derogation from paragraphs 1, 2 and 3,  counted without interruption against their accumu­
each of these Member States may draw shares lower        lated shares of the Community quota.
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                               Article 10
grounds which led them to apply this paragraph.
                                                          1.    Member States shall take all measures necessary
                                                         to ensure that the access to the tariff quota in question
                         Article 6                 '     is restricted to cattle as specified in Article 1 (1) and
                                                         (2).
Additional shares drawn in pursuance of Article 5 shall  2.     They shall ensure free access to the shares allo­
apply until 30 June 198 4 ,                              cated to them for importers.
                         Article 7                        3.    The extent to which the shares of the Member
                                                          States have been used up shall be recorded on the
                                                          basis of imports submitted for customs clearance
Member States shall return to the reserve, not later
                                                          under cover of declarations that they have been made
 than 1 March 198 4 the unused portion of their initial
                                                          available for free circulation.
 share in excess, on 15 February 198 4 of 5 % of the
 initial amount. They may return a larger quantity if
                                                          4.    Where import documents are used for the
 there are reasons to consider that such quantity may
                                                          administration of the quota, they shall be sent to the
 not be used.
                                                          issuing body as soon as possible and at all events on
                                                          their expiry.
 However, amounts for which import certificates have
 been issued but not used shall not be returned to the
 reserve.                                                                         Article 11
 The Member States shall, not later than 1 March 1984,    On request by the Commission, Member States shall
 notify the Commission of the total imports of the        inform it of imposts actually charged against their
 animals in question effected up to 15 February 1984      shares.
 inclusive, and charged against the tariff quota, the
 amounts referred to in the second subparagraph and,
 where appropriate the proportion of their initial share                          Article 12
 that they return to the reserve.
                                                          Member States and the Commission shall cooperate
                                                          closely to ensure that the provisions of this Regulation
                                                          are observed.
                         Article 8
 The Commission shall keep accounts of the amounts                                Article 13
 of the shares opened by Member States in accordance
 with Articles 3, 4 and 5 and shall inform each of them   This Regulation shall enter into force on 1 July 198 3  m
 ---pagebreak---                                       - 4 -
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at
                                                         For the Council
                                                           The President