CELEX: 51988PC0031
Language: en
Date: 1988-02-08
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community Tariff quota of 42 600 head of heifers and cows, other than those intended for slaughter, of certain mountain breeds#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 breeds#(submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 31
Vol. 1988/0006
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     COM(88 ) 31 final
                                                     Brussels , 8 February 1988
                                    Proposal for a
                            COUNCIL REGULATION ( EEC )
 opening , allocating and providing for the administration of a Community
    Tariff quota of 42 600 head of heifers and cows , other than those
             intended for slaughter , of certain mountain breeds
                                    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 breeds
                                             "
                                       n
                                        ;/
                        ( submitted by the Commission )
                        / _ |_ t . ._I   . . _ A _■ _ * _ \
 ---pagebreak---                                                                 L^yvi
                                         Z
                             EX PLANATORY MEMORANDUM
1.      At the Last multilateral GAIT negotiations , the European Econanic
        Community undertook to open certain annual Conmunity quotas
        includinq , in the aqricultural sector , those set out below :
CCT               Description of qoods           Quota       Quota
heading Mo                                       volume      volute
ex 01.02 A    Cows and heifers , not intended
              for slauqhter , of the following
              mountain breeds ; grey , brown ,
              yellow and mottled Simmental
              breed and Pinzgau breed
              ( conditions to be detennined
              by the competent authorities
              of the Member State     of
              destination )                      20 000        6 %
                                                 head
ex 01.02 A    Bulls , oaws and heifers , not
              intended for slaughter , of
              the fo l Lowing breeds ; mottled
              SimnentaL breed and Schwyz
              and Fribourg breeds . If they
              are to come within the quota ,
              animals of the breeds in
              question must satisfy the
              following requirements :
              - bu Ils : pedigree
              - female animals : pedigree
                 or certificate of regis ¬
                 tration in herdtaook
                 certifying purity of
                 breed                          5 000         4 %
                                                head
 ---pagebreak---                                    3
2. In respect 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 . 1867 and 1868/87 of 25 June 1987 (OJ No L 176 of 1 July 1987 )
   for the period from 1 July 1987 to 30 June 1988 .
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 ciuty from 6 % to 4 % . Moreover , the quotas' volumes
   were unilaterally increased up to 38 000 head from the end of 1977 .
   Further , according to an agreement in the form of exchange of
   letters dated 14 JUly 1986 which was adopted by the Council 's
   Decision of 15 September 1986 (OJ No . L 328 of 22 November 1986 p.
   57 ), the volume of this tariff quota was raised to 42 600 head .
4. In order to meet Comnunity obligations , it is therefore necessary
   to adopt Regulations on the opening , allocation and administration
   of the Community tariff quotas , for the period from 1 July 1988 to
   30 June 1989 , in relation to the quantities of 38 000 and 5 000
   head .
   This is the object of the proposals annexed hereto .
5. As regards the allocation of the tariff quotas and in particular
   the fixing of initial shares , it should be noted that , as in the
   case of previous quota periods , this has been largely on the
   estimates of requirements by the Member States , since separate and
   complete statistical data are not available .
   The proposal for a Regulation submitted to the Council concerning
   the first tariff quota of 42 6C3         1 <v cattle set out above
   provides for the fixing of a re ..       -. rt to be . . i Located
   proportionally to the estinV 1       _ J r< mis o' certain Member
   States namely the Benelux arc : _ .. , Gerruiq       C eece , Spain ,
   France , Ireland , Italy and the IV      I               die remainder
   constitutes a Community reserve which coy bo drown up on not only
   by the atxrve mentioned Member          . m'0 cl .        hr the other Member
   States .
 ---pagebreak---                                       ч
5.  In the f ra;:iework of implement ing Coimunity-wide nvinagement of
   tariff quotes with a view to the creation of the internal market in
    1992 , this reserve is set at 33 % of the quota , for 1988 .
6- The proposed method of cadministrat ion 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 is over 75 % of the
   quota , so as to take into account both of the larqe quantities
   which can be expected to be drawn aqainst the initial Italian share
    forthwith and the need to cover any needs which may arise in the
   other Member States .
7. 'Hie interpretation to be qiven to the phrase " not intended for
    slauqhter " has been the subject of an exchange of views since 1974 .
    It had been apparent from those discussions that , in the case of
   animals whose importation was subject to submission of a breeding
   certificate ( certificate of pedigree or of registration in the
   herdbook ) , checking the purpose for which the animals are in fact
   used wixild be pointless in view , in particular , of the high price
   of such animals . Assuming that such a certificate is not required ,
   a period of 4 months from the day of importation would appear the
   minimum period after which imported animals could be considered not
    to be intended for slaughter .
   Tins solution was adopted by the Council as an experiment for the
   period from 1 July 1974 to 30 June 1975 and was then adopted once
   more for the following tariff periods .
   At discussions at Council level in 1978 and 1979 it was decided
   with tne agreement of the Swiss authorities to extend the control
   measures on the non slaughter of animals imported with the
   abovementioned breeding certificate under the second quota of 5 000
   1 lead .
8. Tie table which follows lists the actual utilisation of the quotas
    in guest i in over the last three quota periods :
 ---pagebreak---                                        s
a ) Quota for 42 600 head at 4 % :
Mesnber       Period :     Period :      Period :    Period :     Period to
States        1.7.1982 to  1.7.1983 to   1.7.1984 to 1.7.1985 to  1.7.1986
              30.6.1983    30.6.1984     30.6.1985   30.6.1986    to 30.6.1987
                                                                  ( situation
                                                                  to 31.12.1986 )
Benelux             33            0            3          15              52
Denmark              0            0            0           0               0
Germany         22 323      22 374        19 627      15 866           7 483
Greece           1 560       1 326         2 245       2 100             241
France             334          168          184         636             237
Ireland              0            0            0           0               0
Italy           11 220      10 473        13 745      17 699         11 729
United Kingdom       0            0            0           0               0
                35 470      34 341        35 804      36 316         19 742
b ) Quota for 5 000 head at 4 % :
Benelux              0            0            1           0           0
Demrvark             0            0            0           0           0
Germany          1 124       1 559         1 342         843        390
Greece               0            0            0           0           0
France               0            T            0           0           0
Ireland              0            0            0           0           0
Italy            1 557       l 583         3 548       3 792     1 401
United Kingdom       ·)             1          0           0           0
                 2            ? 7t3        4 891       4 635     1 881
 ---pagebreak---                                                                           G
                                                      Proposai for a
                                           COUNCIL REGULATION ( EEC )
                    opening, allocating and providing for the administration of a Community tariff quota of
                    42 600 head of heifers and cows , other than those intended for slaughter, of certain
                    mountain breeds
  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                       abovementioned quota , and the uninterrupted application
                                                                  of the quota duties, to all imports of the animals in
                                                                  question until the quota is exhausted; whereas , having
  Having regard to the Treaty establishing the European           regard to the principles defined above , the Community
  Economic Community , and in particular Article                  nature of the quota can be respected by allocating the
   1 1 3 thereof.                                                 Community tariff quota among the Member States;
                                                                  whereas possibilities for the use of such mountain breeds
                                                                  are, however, limited by special factors, both geographical
  Having regard to the Act of Accession of Spain and              and zootechnical ; whereas certain Member States do not
  Portugal ,
                                                                  have regions suitable for breeding this kind of cattle ;
                                                                  whereas, however, in view of such special factors, the
  Having regard to the proposal from the Commission ,             Community nature of the tariff quota in question should be
                                                                  preserved by making provision for requirements which
                                                                  may arise in these Member States ; whereas , to this end ,
                                                                  these Member States proceed to draw adequate shares from
                                                                  the Community reserve which has been set up ; whereas , in
                                                                  order to reflea as closely as possible the actual trend of the
  Whereas the European Economic Community undertook ,             market in question , the initial allocation must be made in
  within the framework of GATT , to open an annual                proportion to the requirements of each of the Member
  Community tariff quota of 20 000 head at a duty of 6 %          States concerned , calculated in accordance with statistical
  for heifers and cows , other than those intended for            data concerning imports from third countries during a
  slaughter, of certain mountain breeds                           representative reference period anr1 with economic
                                                                  prospects for the quota period in question;
  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      Whereas , since the animals in question belong to certain
  undertook unilaterally to increase the size of the tariff       specific breeds which are not specified as such in the
  quota from 20 000 to 30 000 head and to lower the quota         statistical nomenclatures of the Member States , no data on
  duty from 6 to 4 % ; whereas , subsequently , this quota was    imports provided by the Member States could be
  increased unilaterally to 38 000 head ;                         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 for those
  Whereas according to the Agreement in the form of an             animals in the Community have been exhausted and the
  Exchange of Letters of 14 July 1986 , which was adopted         estimates made by certain Member States enable the
  by Decision 86 / 555 / EEC ( 1 , the volume of this tariff      requirements of each of them as regards imports from third
  quota was raised to 42 600 head as from 1 July 1986 ;            countries for the quota period envisaged to be assessed as
  whereas the abovementioned tariff quota for the period           follows :
  1 July 198 8to 30 June 198 9should therefore be opened at
  a duty of 4 % in relation to a quantity of 42 600 head ;
  whereas , however, under the terms of Article 282 of the                Germany                           20 000 head
                                                                          France                              1 800 head
  1985 Act of Accession , the Portuguese Republic is
  authorized to postpone, until the beginning of the second               Italy                             16 000 head
  stage, the progressive application to imports of preferences            Greece                             3 000 head
  granted , unilaterally or by agreement , by the Community
  to certain third countries ;
                                                                   whereas in the absence of precise information , the needs of
  Whereas it is in particular necessary to ensure equal and        the Benelux countries, the United Kingdom, Ireland and
  continuous access for all Community importers to the             Spain may be assessed at 100 , 50, 50 and 100 head
                                                                   respeaively ;
                                                                  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 42 600 head should
(1 ) OJ No L 328 , 22 . 11 . 1986, p. 57 .                         be divided into two parts, the first being allocated among
 ---pagebreak--- certain Member States , the second forming a reserve                   reserve in order that part of the Community tariff quota
intended subsequently to cover the requirements of those               should not remain unused in one Member State while it
Member States when their initial shares are exhausted and              could be used in others ;
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               Whereas it is possible that , during the period of
part of the Community quota should be determined at a                   applicability of the said quota , the nomenclature used by
level which , under the present circumstances , may be                  the Common Customs Tariff will be replaced by the
                                                                        combined     nomenclature      based   on    the   International
approximately 67% of the quota amount ;
                                                                        Convention on a harmonized system of designation and
                                                                       codification of goods ;
Whereas the initial shares of those Member States may be
used up more or less rapidly ; whereas , in order to take this
fact into account and ayoid any break in continuity , it is            Whereas , since the Kingdom of Belgium , the Kingdom of
important that that Member State having used up almost                 the Netherlands and the Grand Duchy of Luxembourg are
the whole of its initial share should draw an additional               united within and jointly represented by the Benelux
share from the reserve ; whereas this must be done by each             Economic       Union ,     any     measure     concerning     the
of these Member States as and when each of its additional              administration of the shares allocated to that economic
shares is almost entirely used up , and repeated as many               union may be carried out by any one of its members,
times 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                     HAS ADOPTED THIS REGULATION
Commission , which latter must , in particular, be able to
observe the extent to which the quota amounts are used
and inform Member States thereof;                                                                   Article 1
Whereas if, at a specified date within the quota period , a              1 . From 1 July 1988 to 30 June 1989, the duty applicable
considerable balance of the initial share of one or other of            to the import of the animals designated hereafter shall be
the Member States is left over , it is essential that that State        suspended at the level indicated in Article 2 within the limit
should return a considerable part of such balance to the                of the relevant Community tariff quota mentioned
                                             Combined
   Order                                                                                                                  Quota
     No
                                            nomenclature                         Description                              volume
                                               code
  09.0001                                 ex 0102.90-10       Cows and heifers , other than those intended for
                                          ex 0102.90-31       slaughter , of the following mountain breeds:
                                          ex 0102.90-33       grey , brown , yellow and mottled Simmental
                                                              breed and mottled Pinzgau breed                          42 600 head
2 . For    the    purposes    of     this     Regulation ,  the         animals referred to in the said paragraph shall be
abovementioned cows and heifers shall be considered not                 suspended at 4 % .
intended for slaughter if they are not slaughtered within
four months following the date of their importation .                   Within the limits of this tariff quota , the Kingdom of Spain
                                                                        and the Portuguese Republic shall apply customs duties
                                                                        calculated in accordance with the relevant provisions in the
Derogations may , however , be granted in the event of an               Act of Accession .
act of God duly attested by a local authority certificate
setting out the reasons for the slaughter .
                                                                                                   Article 3
3 . The said quota shall be administered in accordance
with the following Articles .                                           1 . A first part of 28 540 head shall be allocated among
                                                                       the Member States listed below . The shares shall apply
                          Article 2
Within the franu work of the q >u referred to in
Article 1 '1 . the ( ommon Cu . nuns Tariff duty for the
 ---pagebreak---   from 1 July 19®® to 30 June 1969 subject to Article 7, and                                 Article 6
  shall be as follows :
          Benelux                             SO     head        The additional shares drawn in pursuance of Article 5 shall
                                        14 070       head
                                                                 apply until 30 June 1989.
          Germany
          Greece                         2 280       head
          Spain                               80     head
          France                         1 400       head                                     Article 7
          Ireland                              40    head
          Italy                        10 550        head
                                              40                  Member States shall return to the reserve, not later than
          United Kingdom                             head
                                                                  1 March 1989, the unused portion of their initial share in
                                                                  excess , on 15 February 1 939 . of 5 % of the initial amount .
         íe second part of 14 060 head      shall Ibe held as a  They may return a larger quantity if there are reasons to
 Community reserve .                                             consider that such quantity may not be used .
                                                                  However, amounts for which import certificates have been
                            Article 4                             issued but not used shall not be returned to the reserve .
 If an importer notifies an imminent importation of the
animals in question in Denmark and requests the benefit of       The Member States shall , not later than 1 March 1989,
 the quota , the Member State concerned shall inform the         notify the Commission of the total imports of the animals
Commission and draw an amount corresponding to these             in question effected , up to 15 February 1989 inclusive, and
requirements to the extent that the available balance of the     charged against the tariff quota, the amounts referred to in
reserve permits this .                                           the second subparagraph and , where appropriate, the
                                                                 proportion of their initial share that they return to the
                                                                 reserve .
                            Article 5
 1 . If 90 % or more of the initial quota share of one of the                                 Article 8
Member States referred to in Article 3 , or of that share less
the amount returned to the reserve , where Article 7 has         The Commission shall keep accounts of the amounts of the
been applied , has been used up , that Member State shall        shares opened by Member States in accordance with
immediately , by notifying the Commission , draw a second        Articles 3 , 4 and 5 and shall inform each of them of the
share in so far as the reserve permits, equal to 10 % of its     extent to which the reserve has been exhausted as soon as it
initial share , rounded off upwards , if necessary , to the next receives the notifications .
unit .
                                                                 The Commission shall , not later than 5 March 198 9 notify
2 . If, after the initial share has been exhausted , 90 % or     Member States of the amount in the reserve after the return
more of the second share drawn by one of these Member            of shares pursuant to Article 7.
States has been used up , that Member State shall , in
accordance with paragraph 1 , immediately draw a third
share equal to 5 % of its initial share, rounded off             The Commission shall ensure that any drawing which
upwards , if necessary , to the next unit .                      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.
3 . If, after the second share has been exhausted , 90 % or
more of the third share drawn by one of these Member
States has been used up , that Member State shall in                                         Article 9
accordance with paragraph 1 , draw a fourth share equal to
the third .                                                      Member States shall take all measures necessary to 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 , each
of these Member States may draw shares lower than those                                     Article 10
fixed in these paragraphs if there are reasons to consider
that such shares might not be exhausted . They shall inform      1 . Member States shall take all measures necessary to
the Commission of the grounds which led them to apply            ensure that access to the tariff quota in question is
this paragraph .                                                 restricted to cattle as specified in Article 1 ( 1 ) and ( 2).
 ---pagebreak--- 2 . They shall ensure free access to the shares allocated to                             Article 12
them for importers .
                                                                 Member States and the Commission shall cooperate closely
3.   The extent to which the shares of the Member States         to ensure that the provisions of this Regulation are
have been used up shall be recorded on the basis of imports      observed .
submitted     for   customs     clearance under   cover   of
declarations that they have been made available for free
circulation .                                                                            Article 13
4 . Where import documents are used for the                      The Council shall adopt , in good time , the adjustments to
administration of the quota , they shall be sent to the          the International Convention on the harmonized system of
issuing body as soon as possible and at all events on their      designation and codification of goods , which are necessary
expiry .                                                         both for the codification and for the designation of
                                                                 goods .
                           Article 11
                                                                                         Article 1 3
On request by the Commission , Member States shall
inform it of imports actually charged against their shares .     This Regulation shall enter into force on 1 July 1988-
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at
                                                                                     For the Council
                                                                                      The President
 ---pagebreak---                                                        Proposai 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
                             breeds ,
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                        abovementioned 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 nature of the
 Having regard to the Treaty establishing the European            quota can be respected by allocating the Community tariff
 Economic Community , and in particular Article                   quota among the Member States; whereas possibilities for
 1 1 3 thereof,                                                   the use of such              breeds are, however, limited by
                                                                  special factors, both geographical and zootechnical;
                                                                  whereas certain Member States do not have regions
 Having regard to the Act of Accession of Spain and               suitable for breeding this kind of cattle; whereas, however,
 Portugal ,                                                       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
Having regard to the proposal from the Commission ,               Member States ; whereas , to this end , these Member States
                                                                  may proceed to draw adequate shares from the 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 must be made in proportion
                                                                  to the requirements of each of the Member States
                                                                  concerned , calculated in accordance with statistical data
Whereas the European Economic Community undertook,                concerning imports from third countries during a
within the framework of GATT, to open an annual                   representative reference period and with economic
Community tariff quota of 5 000 head at a duty of 4 % for         prospects for the quota period in question;
bulls , cows and heifers , other than those intended for
slaughter, of certain                 breeds , falling within
subheading ex 01.02 A II of the Common Customs Tariff;            Whereas , since the animals in question belong to certain
whereas eligibility for such quota is subject to submission       specific breeds which are not specified as such in the
of the following documents:                                       statistical nomenclatures of the Member States , no data on
                                                                  imports provided by the Member States could be
– bulls: a pedigree certificate ,                                 considered to be sufficiently accurate and representative to
– female animals: a pedigree certificate of registration in       be used as a basis for the allocation in question ; whereas
      the herdbook , certifying purity of breed ;                 the extent to which Community tariff quotas for those
                                                                  animals in the Community have been exhausted and the
                                                                 estimates made by certain Member States enable the
Whereas the abovementioned tariff quota for the period           requirements of each of them as regards imports from third
1 July 1988 to 30 June 191$ should , therefore, be opened        countries for the quota period envisaged to be assessed as
                                                                  follows:
at a duty of 4 % ; whereas , however , under the terms of
Article 282 of the 1985 Act of Accession , the Portuguese
Republic is authorized to postpone, until the beginning of                Germany                            1 500 head
the second stage, the progressive application to imports of               France                               120 head
preferences granted , unilaterally or by agreement, by the                Italy                              3 500 head
Community to certain third countries; whereas a check
should be carried out to ascertain that the imported
animals have not been slaughtered within a certain period
in accordance with Article 1 ( 3 );                              whereas the needs of the United Kingdom , Ireland and
                                                                 Spain may , in the absence of precise information, be
                                                                 assessed at 75 , 25 and 100 head respectively;
Whereas , it is in particular necessary to ensure equal and
continuous access for all Community importers to the
                                                                 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 those
 ---pagebreak---                                                                                      w
 Member States when their inital shares are exhausted and                Whereas it is possible that , during the period of
 requirements which may arise within other Member States ;               applicability of the said quota , the nomenclature used by
 whereas , in order to ensure a certain degree of security for           the Common Customs Tariff will be replaced by the
 importers in the aforementioned Member States , the first               combined       nomenclature      based   on the   International
 part of the Community quota should be determined at a                   Convention on a harmonized system of designation and
 comparatively high level which under the present                        codification of goods ; whereas this Regulation must take
 circumstances may be about 75% of the quota amount ;                    account of the possibility by using the codes of the
                                                                         combined nomenclature within which the said products
                                                                         fall ;
 Whereas the initial shares of those Member States may be
 used up more or less 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                  Whereas, since the Kingdom of Belgium , the Kingdom of
 the whole of its initial share should draw an additional                the Netherlands and the Grand Duchy of Luxembourg are
 share from the reserve; whereas this must be done by each               united within and jointly represented by the Benelux
 of these Member States as and when each of its additional               Economic Union , any measure concerning the
 shares is almost entirely used up , and repeated as many                administration of the shares allocated to that economic
 times as the reserve allows ; whereas the initial and                   union may be carried out by any one of its members,
 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 latter must , in particular , be able to
observe the extent to which the quota amounts are used                   HAS ADOPTED THIS REGULATION :
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                                           Article 1
 the Member States is left over , it is essential that that State
 should return a considerable part of such balance to the                 1 . From 1 July 1988 to 30 June 1989, the duty applicable
 reserve in order that part of the Community quota should                to the import of the animals designated hereafter shall be
 not remain unused in one Member State while it could be                 suspended at the level indicated in Article 2 within the limit
 used in others ;                                                        of the relevant Community Tariff quota mentioned ;
                                              Combined
    Order
                                             nomenclature                            Description                       Quota Value
     No
                                                code
   09.0003                                 ex 0102.90-10       Bulls , cows and heifers , other than those
                                           ex 0102.90-31       intended     for slaughter ,     of the  following
                                           ex 0102.90-33                   breeds : the mottled Simmental breed
                                           ex 0102.90-35       and the Schwyz and Fribourg breeds                      5 000 head
2 . Eligibility for this tariff quota shall be subject to the            authority certificate setting out the reasons for the
submission of:                                                           slaughter .
– in the case of bulls : a pedigree certificate ,                       4 . The said quota shall be administered in accordance
                                                                         with the following Articles .
– in the case of female animals : a pedigree certificate or
     certificate of registration in the herdbook , certifying                                          Article 1
     purity of breed .
                                                                        Within the framework of the quota referred to in
                                                                        Article 1(1 ), the Common Customs Tariff duty for the
                                                                        animals referred to in the said paragraph shall be
3 . For      the   purposes     of    this     Regulation ,  the        suspended at 4 % .
abovementioned cows and heifers shall be considered not
intended for slaughter if they are not slaughtered within
four months following the date of their importation .
Derogations may , however , be granted in the event of ar.
act of (. c.d ( disease , accident ) duly attested by a local
 ---pagebreak---  Within the limits of this tariff quota , the Kingdom of Spain 4 . By way of delegation from par., graphs 1 , 2 and 3 , each
                                   shall apply customs duties  of these Member States may draw shares lower than those
 calculated in accordance with the relevant provisions in the  fixed in these paragraphs if there are reasons to consider
 Act of Accession .                                            that such shares might not be exhausted . They shall inform
                                                               the Commission of the grounds which led them to apply
                                                               this paragraph .
                            Article 3
 1 . A first part of -5 750 head shall be allocated among the                               Article 6
Member States listed below . The shares shall apply from
 1 July 198 8to 30 June 198 9subject to Article 7 , and shall
be as follows :                                                 Additional shares drawn in pursuance of Article 5 shall
                                                                apply until 30 June 198 9
        Germany                               740   head
        Spain                                  85   head
        France                                 85   head
        Ireland                                20   head                                    Article 7
        Italy                              2 760    head
        United Kingdom                         60 . head       Member States shall return to the reserve , not later than
                                                               1 March 1989, the unused portion of their initial share in
2 . The second part of1 250 head shall be held as a            excess , on 15 February 198 9, of 5 % of the initial amount.
Community reserve .                                            They may return a larger quantity if there are reasons to
                                                               consider that such quantity may not be used .
                            Article 4                          However, amounts for which import certificates have been
                                                               issued but not used shall not be returned to the reserve .
If an importer notifies an imminent importation of the
animals in question in the Benelux Economic Union ,
Denmark or Greece and requests the benefit of the quota ,      The Member States shall , not later than 1 March 1989 ,
the Member State concerned shall inform the Commission         notify the Commission of the total imports of the animals
and draw an amount corresponding to these requirements         in question effected up to 15 February 1989 inclusive, and
to the extent that the available balance of the reserve        charged against the tariff quota , the amounts referred to in
permits this .                                                 the second subparagraph and , where appropriate the
                                                               proportion of their initial share that they return to the
                                                               reserve .
                            Article 5
                                                                                            Article 8
1.   If 90 % or more of the initial share of one of the
                                                               The Commission shall keep accounts of the amounts of the
Member States referred to in Article 3 , or of that share less shares opened by Member States in accordance with
the amount returned to the reserve , where Article 7 has       Articles 3 , 4 and 5 and shall inform each of them of the
been applied , has been used up , that Member State shall      extent to which the reserve has been exhausted as soon as it
immediately , by notifying the Commission , draw a second      receives the notification .
share, in so far as the reserve permits , equal to 10 % of its
initial share rounded off upwards , if necessary , to the next
unit .                                                         The Commission shall , not later than 5 March 1989,
                                                               notify Member States of the amount in the reserve after the
2 . If, after the initial share has been exhausted , 90 % or   return of shares pursuant to Article 7 .
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         The Commission shall ensure that any drawing which
share equal to 5 % of its initial share, rounded off           exhausts the reserve is limited to the balance available and ,
upwards , if necessary , to the next unit .                    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 Member
States has been used up , that Member State shall , in
accordance with paragraph 1 , draw a fourth share equal to                                  Article 9
the third .
                                                               The Member States shall take all measures necessary to
The same method shall be applied until the reserve is          ensure that when additional shares are drawn pursuant to
exhausted .                                                    Articles 4 or 5 it is possible for imports to be counted
 ---pagebreak---                                                                   '3
without interruption against their accumulated shares of                                 Article 1 1
the Community quota .
                                                                 On request by the Commission , Member States shall
                                                                 inform it of imports actually charged against their shares.
                           Article 10
                                                                                         Article 12
1 . Member States shall take all measures necessary to
ensure that the access to the tariff quota in question is        Member States and the Commission shall cooperate closely
restricted to cattle as specified in Article 1(1 ) and ( 2).     to ensure the provisions of this Regulation are observed.
2. They shall ensure free access to the shares allocated to
them for importers.
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   under    cover   of
declarations that they have been made available for free
circulation .
4. Where import documents are used for the
administration of the quota , they shall be sent to the                                  Article 13
issuing body as soon as possible and at all events on their
expiry .                                                         This Regulation shall enter into force on 1 July 198B .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at
                                                                                     For the Council
                                                                                       The President
 ---pagebreak---                                            (Ч
                   FICHE D' IMPACT SUR LA COMPETITIVITE ET L' EMPLOI
Ces propositions sont formulées en conformité avec des engagements contractuels
de la Communauté . L' impact découlant de ces concessions a été pris en considé ¬
ration lors de la prise de décision d' adoption de ces contingents et il n' aura
pas un caractère sérieux sur la compétitivité et l' emploi dans la Communauté .