CELEX: 51975PC0018
Language: en
Date: 1975-01-27
Title: PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL on the opening, allocation and administration of the Community tariff quota of 30 000 head of heifers and cows, not intended for slaughter, of certain mountain breeds falling within subheading ex 01 02 A II b) 2 of the Common Customs Tariff#PROPOSAL FOR A REGULATION (EEC) OP THE COUNCIL on the opening, allocation and administration of the Community tariff quota of 5 000 head of bulls, cows and heifers, not intended for slaughter, of certain Alpine breeds falling within subheadings ex 01 02 A II b) 2 of the Common Customs Tariff (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 18
Vol. 1975/0006
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 ---pagebreak--- COMMISSION OF THE EUROMàN COMMUMTÏE5
                                                              COM(75)18   final
                                                              Brussels , 27 January 1975
                                    PROPOSAL FOR A
                            REGULATION ( EEC ) OP THE COUNCIL
     on the opening , allocation and administration of the Community tariff
                      quota of 30 000 head of heifers and cows ,
    not intended for slaughter , of certain mountain "breeds falling      within
             subheading ex 01 02 A II b ) 2 of the Common Customs Tariff
                                    PROPOSAL FOR A
                            REGULATION (EEC ) OP THE COUNCIL
     on the opening , allocation and administration of the Community tariff
                   quota of 5 000 head of "bulls , cows and heifers ,
     not intended for slaughter , of certain Alpine "breeds falling within
             subheadings ex 01 02 A II b) 2 of the Common Customs Tariff
                    ( submitted to the Council by the Commission)
   C0Il( 75 ) 18 final
 ---pagebreak---                       EXPLMATOEÎ MEMORANDUM
At the last multilateral OATT negotiations , the European Economic
 Community undertook to open certain annual Community quotas including ,
in the agricultural sector , those set out below :
   CCT •
                                                       Quota       Quota
heading                    Description of goods
   No
                                                       volume      duty
ex 01.02 A      Cows and heifers , not intended for
    II b) 2     slaughter , of the following moun­
                tain breeds : grey , brown , yellow
                and mottled Simmental breed and
                Pinzgau breed ( conditions to be
             . determined by the competent
                authorities of the Member State     ,  20 000      6 %
                of destination )                        head
ex 01.02 A      Bulls, cows and heifers ,- not inten-
    II b) 2     ded for slaughter , of the following
                Alpine breeds : mottled Simmental
                breed and Schwyz and Fribourg breeds .
                If they are to come within the quota ,
                animals of the breeds in question
                must satisfy the following require­
              • ments :
                - bulls : pedigree
                - female , animals : pedrigree or       5 000 1    k %
                  certificate of registration in the    head
                  herdbook certifying purity of
                  breed
In response to requests from the Swiss and Austrian authorities , the
tariff quotas in question have been open since 1 July 1970 and cover
the period from 1 July in each year to 30 June in the following year .
These quotas were last opened by Regulations (EEC) Nos 18^4/7^ and /
lSk^/7k of 15 July 197k (OJ No L 19^- of 17 July 197^) for the period
from 1 July 197^ to 30 June 1975 .
 ---pagebreak---                                     - 2 -
3 . In an exchange of letters with Austria dated 21 July 1972 , the Com­
    munity undertook to increase , unilaterally,' the size of the first
    tariff quota set out above from 20 000 fb 30 000 head and to lower the
    quota duty from 6 % to h % .
k . In order to meet Community obligations , it is therefore necessary
    to adopt Begulations on the opening , allocation and administration of
    the Community tariff quotas , for the period from 1 July 1975 to
    30 June 1976 .                            .
    This is the object of the proposals annexed hereto .
5' As regards the allocation of the tariff quotas and , more especially ,
    the fixing of initial shares , it should be noted that , as in the case
    of previous quota periods , this has been based largely en the estimates
    presented by the Member States , since specialized , complete statistical
    date are not available , and has taken into account the necessity of
    meeting the possible future needs of the new Member - States .
    The proposal for a Regulation submitted to the Council concerning the
    first tariff quota of 30 000 head of cattle set out above provides
    for the fixing of a first part to be allocated among Germany , France ,
    Italy , Ireland and the United Kingdom , the only Member States which
    have regions suitable for breeding this kind of cattle , in proportion
    to their expected requirements . The remainder constitutes a Community
    reserve which may be drawn up on not only by the above-mentioned
    Member States , but also , if necessary , by the Benelux countries and
    by Denmark . In order to meet any needs which may arise in the
    latter Member States ^ the Community reserve , which is usually fixed
    at 30 % of the total quota , has been increased to 40 % •
6 . The proposed administration of the second tariff quota of 5 000 head
    of cattle set out above differs from that proposed in Section 5
    only in as much as ^he first part constitutes 70 % of the quota and the
    Community reserve 30      to take account both of the large quantities
    which can be expected , already now , to be counted against the initial
                                                                   • • •
 ---pagebreak---     Italian share and the need to cover any needs which may arise in the
    Benelux countries and in Denmark .
7 . As regards the tariff duty to be applied , the position is different
    in the Community as originally constituted and in the new Member
    States . For the original Member States the duty is to be fixed at
    k % . As for the new Member States , in pursuance of Article ,59 » the
    national tariffs of the new Member States are to be aligned on the
    Common Customs Tariff by annual 20 % stages beginning in 1973 -
    except in the course of applying paragraph 4 of the above-mentioned
    article - that is , for beef and veal products , around 1 April each
    year , at the start of each marketing year .
8 . The interpretation to be given to the phrase "not intended for
    slaughter" was the subject of an exchange of views during 197 ^*
    It was apparent from those discussions that , in the case of animals
    whose importation was subject to submission of a breeding certificate
    ( certificate of pedigree or of registration in the herdbook) , checking
    the purpose for which' the animals are in fact used would be pointless
    in view , in particular , of the high price of such animals . Assuming
    that such a certificate is not ' required , a period of four months -
    from the day of importation would appear the minimum period after
    which imported animals could be considered not to be intended for
    slaughter . ' This solution has been adopted -by the Council in an
    experimental capacity for the period from 1 July 197^ to 30 June.l975 »
    Providing the new aspects arise , the Council proposes this solution
    for the Coming quota period also .               • - '•
9 . There is a general problem of the tariff duties to be applied ,
    because of the . current negotiations concerning the replacement
    of the present , mixed taxation system " customs duty-lovy" by a
    "uniform basic levy" proposed by the Commission .
    The Commission is aware of the problem posed by developments of the
    situation and therefore wishes to keep open the possibility of
    later changing its proposals in the light of any necessities which
    may arise-
 ---pagebreak---                                                               ANNEX A
                             Proposal for a
                        HlXJnLATIOF ( EEC)' OF TTOT COTJITCIL
        on the opening , allocation and administration of the
        Community tariff quota of 30 000 head of heifers and
        cows , not intended for slaughter , of pertain mountain
        breeds   falling within subheading ex 01.02 A II b ) 2
        of the Oommon Customs Tariff
, THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
  Havin regard to the Treaty establishing the European Economic
  Community, and in particular. Articles kj and 113 thereof ;
  Havirg regard to the proposal from the Commission ;
  Having regard tp the Opinion of the European Parliament ;
  Whereas the European Economic Community 4ia« - undertaken1 in the. fs>amework
  of    - GATT to open an annual Community tariff quota of 20 000 head
  at a duty of 6 % for heifers and cows , not intended for slaughter ,
  of certain mountain breeds falling within subheading ex 01.02 A II b) 2
  of the Common Customs Tariff » whereas eligibility for such quota
  i G subject to conditions to be determined by the competent authorities
  of the Member State of destination ; whereas           in an exchange of letters
  with Austria dated 21 July 1972       the Community has undertaken ,
  unilaterally to increase the size of the tariff quota from 20 000
  to 30 000 head and to lo\irer the quota duty from $ fo to k % ;
  Whereas under Article 60 of the Act^" concerning the Conditions of
  Accession and the Adjustments to the Treaties , the new Member States
  ?ire obliged to apply the Regulations of the common agricultural
  policy from 1 February 1973 onwards ; whereas , therefore , any              -
  1 OJ No L 73 , 27 March 1972, p. l*f.
 ---pagebreak---                                 - 2 -
requirements which may arise in these Member States during the quota
period under consideration should be taken into account in the
Community tariff quota in question ; whereas the above-mentioned
tariff quota for the period from 1 July 1975 to 30 June 1976
should therefore be opened at a duty of k % for the Community as
originally constituted and at a duty corresponding to the provisions
of the above-mentioned Act for the new Member States ;
Whereas it is in particular necessary to ensure equal and continuous
access for all Community importers to the above-mentioned quota , and
the uninterrupted application of the quota duties , to all imports of
                                                                     i
the animals xn question until the quota is exhausted ; whereas a
system of applying the Community tariff quota , based on an allocation
between the Member States seems likely to respect the Community ;
nature.1 of this quota with regard to the principles laid down above ;
whereas possibilities for the use of such mountain breeds are ,
                                                  '       '            ,
however ,, limited by special factors , both geographical and zoo­
technical ; whereas to this ond these Member States may draw adequate
shares from the appointed Community reserves ; whereas , in order to
reflect as- closely as possible the actual trend of the market in
question, the initial, allocation granted to each of the Member States
concerned must be proportionate to the requirements of each of the
Member States concerned , calculated in accordance with statistical
data concerning imports from third countries during a representative
reference period and with economic prospects for the quota period
in question :                               ,
Whereas , since the animals in question belong to certain specific
breeds which are not specified as such in the statistical nomen­
clatures of the Member States , no information on imports provided
by the Member States could be considered to be sufficiently accurate
and representative to be used as a basis for the allocation in
question ; whereas the extent to which Community tariff quotas in
the Community as originally constituted for those animals have been
exhausted , and the estimates made by certain Member States enable
the requirements of each of them as regards imports from third
                                                             • •/m m
 ---pagebreak---                                 - 3 -
countries for the quota period envisaged to be assessed as follows :
                 Germany                  , 10 000 head
                 France                      3 900 head
                 Italy                       6 100 head j
Whereas , the needs of the United Kingdom and Ireland may , in the
absence of more precise information, be assessed respectively as
300 and 200 head ;
Whereas , in order to take into account the possible trend of imports
of the aforementioned animals into the said Member States , the quota
amount of 30 000 head should be divided into two parts , the first
being allocated among certain Member States , the second forming a
reserve intended subsequently to cover the requirements of those
Member States when their initial shares are exhausted and require­
ments which may arise within other Member States ; whereas in order to
ensure a certain degree of security for importers in the aforementioned
Member States , the first part of the Community quota should be deter­
mined at a comparatively high level which under the present circum­
stances may be 60 % of the quota amount ;
Where&3 , the initii.1 shares of those Member States may be used up fairly
rapidly ; whereas , in order to take this fact into account and avoid
any break in continuity , it is important that the Member State , having
used up jalraost the whole of its initial share should draw an addi­
tional share from the reserve ; whereas this mus be done by each
of these Member States as and when each of its additional ; shares is
almost entirely used up , and repeated as many times as the reserve
allows \ whereas the initial and additional shares must be available
until the end of the qugta period whereas such method of administra­
tion calls for calls for close cooperation between Member States and
the Commission , which must , in particular,' be able to observe the
extent tp which the quota amounts are used and inform Member States
thereof ;
 ---pagebreak--- Whereas , if , at a specified date within the quota period , a considerable
balance of the initial share of one or other of the Member States if left
over , it is essential that that State should return a considerable
part of such balance to the reserve in order that part of the Community
quota should not remain unused in one Member State while it could be
used in others ;
Whereas since the Kingdom of Belgium , the Kingdom of the Netherlands
and the Grand Duchy of Luxembourg are united in and represented by the
Benelux Economic Union , any measure concerning the administration
of the shares allocated to that Economic Union may be carried out by
one of its Members ,
HAS ADOPTED THIS REGULATION :
                                  Article 1
1 . During the period from 1 July 1975 to 30 June 197° , a Community
      tariff quota of 30 000 head shall be opened within the European
      Economic Community in respect of the imports from third countries
      of eows and heifers , not intended for slaughter , of the grey ,
      brown , yellow, mottled Simmental moltled and Pinzgau mountain
      breeds , falling within subheading ex 01.02 A II b) 2 of the
      Common Customs Tariff ;                       _ .        .
2 . For the purposes of this Regulation , the above-mentioned cows
      and heifers shall be considered not to be intended for slaughter
      if they are not slaughtered within few months following the date
      of their importation .            L
      Derogations may , however , be granted in cases of forc e majeure
      ( disease , accident ) duly attested by a local authority certificate
     ■setting out the reasons for slaughter within that period .
3 -. The said quota shall be administrated in accordance with the
      following Articles .
 ---pagebreak---                                   - 5 -
                               Article 2
X. Within the framework of the quota referred to in Article 1 ( 1), the
    Common Customs Tariff duty for the animals deferred to in the said
                    Λ
    paragraph shall be suspended at 4 % .
2 . New Member States shall , within the said tariff quota , apply duties
    calculated in accordance with the relevant provisions of the Act of
    Accession .
                                Article 3
1 . A first part of lo 000 head shall be allocated among the Member
    States listed below . The shares shall apply from 1 July 1975 to
    30 June 1976 , subject to Article 7 , and shall be as follows :
                 Germany                   8 800 head
                 France                    3 ^00 head
                 Ireland           .  *■ .   200 head
                 Italy                     5 300 head
                 United Kingdom .            300 head .
2 . The second part of 12 000 head shall form the reserve.''
                               Article 4
If requirements arise in countries of the Benelux Economic Union or
in Denmark for cattle referred to in Article X ( 1 ) these Member
States shall draw an adequate share from the reserve , in so far as
the reserva permite .
                               Article 5
1 . If 90 % or more of the initial quota share of one of the Member
    States referred to in Article 3 , or of that share less the amount
    returned to the reserve , where Article 7 has been applied , has
    been used up , that Member State shall immediately , by notifying
    the Commission , draw a second share , in so far as the reserve
    permits , equal to 15 % of its initial share ,
             . to the next unit .
                                                           • • «/ • • •
 ---pagebreak---                                  - 6 *•
2 . If , after the initial share has been exhausted , 90 % or more of
    the second share drawn by one of these Member States has been
    used up , that Member State shall , in accordance with paragraph 1 ,
    immediately draw a third share equal to 7-5 % of its initial
    share , if necessary , rounded upwards to the next unit .
3 « If, after the second share has been exhausted , 90 % of more of the
    third share drawn by one of these Member States has been used up ,
    that Member State shall , in accordance with paragraph 1 , draw a
    fourth share equal to the third .           .
    The same method shall be applied until the reserve is exhausted .
k. By way of derogation from paragraphs 1 , 2 and 3 » each of these
    Member States may draw shares lower than those fixed in these
    paragraphs if there are reasons to consider that such shares
    might not be exhausted. They shall inform the Commission of the
    grounds which led them to apiaiy this ' paragraph .
                                Article 6
Additional shares drawn in pursuance of Article 5 shall apply until
30 June 1976 «
                                Article 7
If , by 5 April 197", a Member State has not exhausted its initial
share as fixed in Article 3 or as resulting from the application of
Article k, it shall , it shall , not later than 23 April 197& , return
to the reserve the unused proportion of this share in excess of 20 %
of the initial amount . It may return a larger quantity if there are
reasons to consider that such quantity might not be used up .
The Member States shall notify the Commission not later than 23 April
1976 , of the total imports of the animals in question effected
up to 5 April 1976 inclusive , and counted against the tariff quota
and , where appropriate , the proportion of their initial share that
they return to the reserve .
                                                              • •/ 0 •
 ---pagebreak---  The Commission shall keep accounts of the eunounts of the ©hares
 opened by Member Stabes in . accordance with Articles    ^ ctnd 5-Wid
 shall , as soon as it receives the notifications , inform each of them
 of the extent to which the reserve has been exhausted .
 The Commission shall notify Member States not later than 1 May 1976 ,
 of the amount in the *eserve after the return of shares pursuant
 to Article 7 .
                                                   1
 The Commission shall ensure that any drawing upon a reserve which
 exhausts that reserve is limited to the balance available and , to
 this end , shall specify the amount thereof to the Member State
 making the last drawing upon the reserve .
                                Article 9
 The Member States shall take all measures necessary to ensure that
 when additional shares are drawn pursuant to Article     or 5 it is
 possible for imports be counted without less of continuity against
 their accumulated shares of the Community quota .
                                Article 10
 1 . Member States shall take all measures necessary to ensure that
     access to the tariff quota in question is restricted to cattle
     as specified in Article 1 ( 1) and ( 2).
 2 . Member States shall ensure free access to the shares allocated to
     theia for importers established in their territory .
'3 « Member States shall count the animals in question against' their
     shares as the animals are presented for customs clearance under
     cover of entries for home use .
     The extent to which the shares of the Member States have been
     used up shall be recorded on the basis of imports counted as
     specified in paragraph
 ---pagebreak---                               - δ -
                            Article 11
Member States shall inform the Commission at regular intervals of
imports actually charged against their shares .
                             Article 12
The Member States and the Commission shall cooperate closely to
ensure that the provisions of this Regulation are observed .    /
                             Article 15
This Regulation shall enter into force on 1 July 1975-
   This Regulation shall be binding in its entirety and directly
   applicable in all Member States .
Done at Brussels ,                         For the Council
                                           The President
 ---pagebreak---                                 Proposals for a
                        EMULATION (EEC) QE_TH3 . CfflEOfo ~ .
               on the opening , allocation and administration of the
               Ooraraunity tariff quota of 5 000 head of bulls , cows
               and heifers , not intended for slaughter , of certain
               Alpine breeds falling within subheadings ex 01.02 A II b ) 2
               of the Common Customs Tariff
  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Havirg regard to the Treaty establishing the European Economic Community ,
and in particular Articles k'j> and 113 thereof ;                          >
Having regard to the proposal from the Commission ;
Having regard to the Opinion of the European Parliament ;
Whereas the European Economic Community undertook in the framework
of the GATT to open an annual Community tariff quota of 3 000 head
at a duty of ^ % for bulls , cows and heifers , not intended for slaughter,
of certain Alpine breeds falling within subheading ex 01.02 A II b ) 2 of
the Common Customs Tariff ; whereas eligibility for such quota is subject
to submission of the following documents :
i- bull3 : pedigree ,
- female animals : pedigree or certificate of registration in the
   herdbook certifying purity of breed }
Whereas , under Article $0 of the Act"*" concerning the Conditions of
Accession and the Adjustments to the Treaties , the new Member States
are obliged to apply the Regulations of the common agricultural policy
from 1 February 1973 onwards } whereas any requirements which may arise
in these Member States during the quota period under consideration
should , therefore , be taken into account in the Community tariff quota
in question ; whereas the above mentioned tariff quota for the period
from 1 July 1975 to JO June 1976 should , therefore , be opened at a duty
                                                              • • •/ • • •
  CJ No L 73 , 27 March 1972, p. lk.
 ---pagebreak---                                    - 2 -
of   % for the Community as originally above-mentioned Act for the
new Member States ;
Whereas , it is in particular necessary to ensure equal and continuous
access for all Community importers to the above-mentioned quota , and
the uninterrupted application of the quota duties to all imports of
the animals in question until the quota is exhausted ; whereas , having
regard to the principles defined above , the Community nature of the
quota can be respected by allocating the Community tariff quota among
the Member States ; whereas possibilities for the geographical and
zootechnical ; whereas Benelux countries and Denmark do not have regions
suitable for breeding this kind of cattle ; whereas , however ,, in view
of such special factors , the Community nature of the tariff quota
in question should be preserved by making provision for requirements
which may arise in these Member States j whereas to this end , these
Member States may draw adequate shares from the appointed Community
reserve ; 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 concerning imports from
third countries during a representative reference period and vrith
economic prospects for the quota period in question ;
Whereas , since the animals in question belong to certain specific breeds
which are not specified as such in the statistical nomenclatures of the
Member States , no information on imports provided by the Member States
could be considered to be sufficiently accurate and representative to
be used as a basis for the allocation in question ; whereas the extent
to which Community tariff quotas , in the Community as originally
constituted , for those animals have been exhausted , and the estimates made
by certain Member States , enable the requirements of each of them as .
regards imports from third countries for the quota period envisaged to-
be assessed as follows :
 ---pagebreak---                                    - 3 -
                    Germany                      2^0 head                       1
                    France                       120 head                        i
                    Italy                      k 6?0 head
whereas , the needs of the United Kingdom and Ireland may , in the absence
of more precise information , be assessed respectively 75 and 25 head }
Whereas , in order to take into account the possible trend of imports
of the aforementioned animals into the said Member States , the quota
amount of 5 000 certain Member States , the second forming a reserve
intended subsequently to cover the requirements of these Member States
when their initial shares are exhausted and requirements which may arise within
other Member States ; whereas , in order to ensure a certain degree
of security for importers in the aforementioned Member States , the
first part of the Community quota should be determined at a compara­
tively high level which under the present circumstances may be about
70 % of the quota amount ;
Whereas , the initial shares of those Member States may be used up fairly
rapidly ; whereas , in order to take this fact into account and avoid
any break in continuity, it is important "that that Member State having
used up almost the whole of its initial share should draw an additional
share from the reserve j whereas this must be done by each of- these
Member State as and when each of its additional shares is almost
entirely used up , and repeated as many time as
the reserve allows j whereas the initial and additional shares must be
available until the end of the quota period } whereas such method of
administration calls for close copperation between Member States and
the Commission , which must , in particular , be able to observe the extent
to which the quota amounts are used and inform Member States thereof ;
Whereas , if , at a specified date within the quota period , a considerable
balance of the initial share of one or other of the Member States is left
over , it is essential th^t that State should return a considerable part
of such balance to the Reserve in order that part of the Community quota
should »ot remain unused in one Member State while it could be used in
others :
 ---pagebreak---                                    - k -
Whereas , since the Kingdom of Belgium , the Kingdom of the Netherlands
and the Grand Duchy of Luxembourg are united in and represented by the
Benelux Eoonomic Union* any measure concerning the administration of the
shares allocated to that Economic Union may be carried out by one of its
Members ,
HAS ADOPTED THIS REGULATION :
                                 Article 1
1 . During the period from 1 July 1975 to 30 June 1976j a Community tariff
    quota of 5 000 head shall be opened within the European Economic
    Community in respect of the imports from third countries of bulls ,
    cows and heifers , not intended for slaughter , of the mottled Simmental ,
    the Schwyz and the Fribourg Alpine breeds , falling within subheading
    ex 01.02 A II 2) of the Common Customs Tariff .
2 . Eligibility for this tariff quota shall be subject tovthe submission
    - in the case of bulls : of a pedigree certificate
    - in the case of female animals : of a pedigree certificate or
                                       certificate of registration in the
                                       herdbook , certifying purity of breed .
    The said quota shall be administrated in accordance with the following
    Articles .
                                  Article 2
1 . Within the framework of the quota referred to in Article 1 ( l ), the
    Common Customs Tariff duty for the animals referred to in the said
    paragraph shall be suspended at k % .
2 . Member States shall within the said tariff quotas, apply duties
    calculated in accordance with the relevant provisions of the Act      ' ,
    of Accession .
                                                               • • •
 ---pagebreak---                                     - 5 -
                                                   !
                                    Article 3
1 . A first part of 3 £00 head shall be allocated among the Member States
    listed below. The shares shall apply from 1 July 1975 to 30 June
    1976 , subject to Article 7 » and shall be ap follows :
                    Germany                          150 head
                    France                        , 100 head
                    Ireland                           25 head
                    Italy                        3'150 head
                    United Kingdom                    75 head .
2 . The second part of 1 500 head shall form the reserve .
                                    Articl e H
                                    >!!■ ■■ Il                  J
If requirements arise in countries of the Benelux Economic Union or xn
Denmark for cattle referred to in Article 1 (l) , these Member countries
shall draw an adequate share from the reserve , in so far as the reserve
permits .
                                    Article 5
1 . If 90 % of more of the initial share of one of the Member States
    referred to in Article 3 » or of that share less the amount returned .
    to the reserve , where Article 7 has been applied , has been used up ,
    that Member State shall immediately , by notifying the Commission ,
    draw a second share , in £0 far as the reserve permits , equal to
    15 % of its initial share , if necessary upwards , to ^ the next unit . .
2 . If , after the initial Bhare has been exhausted , 90 % or more of the
    second share drawn by one of these Member States has been used up ,
    that Member State shall , in accordance with paragraph 1 , immediately
    draw a third share equal to 7*5 % of its initial share , rounded up­
    wards if necessary to the next unit .
3 * If » aft^r 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
                                               y
    share equal to the third.
    The same method shall be applied until the reserve is exhausted .
 ---pagebreak---                                         - 6 -
  , k . By way of derogation from paragraphs 1 , 2 and 3 » each of these
*
        Member States may draw shares lower than those fixed in these ,
        paragraphs if there are reasons to consider that such shares might
        not be exhausted . They shall inform the Commission of the grounds
        which led them to apply this paragraph .
                                       Article 6
        Additional shares drawn in pursuance of Article 5 shall apply until
        30 June 1976 .
                                       Article 7
        If , by 5 April 197° * a Member State has not exhausted its initial
        share as fixed in Article 3 or as resulting from the application
        of Article 4 , it shall , not later than 25 April 1976 , return to the
        reserve the unused proportion of the share in excess of 20 % of the
        initial amount . It may return a larger . quantity if there are reasons
        to consider that such quanity might not be used up .
        The Member States , shall notify the Commission of the total imports
        of the animals in question effected up to 5 April 1976 inclusive
        and charged against -the tarif quota and , where appropriate * the pro­
        portion of their initial quota share they return to the reserve .
                                       Article 8
        The Commission shall keep accounts of the amounts of the shares
        opened by Member States in accordance with Articles 3 » ^ and 5
        shall inform each of thera of the extent to which the reserve has
        been exhausted as soon as it receives the notifications .
        The Commission shall notify Member States not later than 1 May 1976 ,
        of the amount in the reserve after the return of shares pursuant to
        Article 7 .
                                                                            I
        The Commission shall ensure that any drawing which exhausts the reserve
        is limited to the balance available and , to this end , shall specify
        the amount thereof to the Member State making the last drawing .
 ---pagebreak---                                 - 7 -
                             Article 9
The Member States shall take all measures necessary to ensure that
when additional shares are drawn pursuant to Article 4 or 5 it is
possible for imports to be counted without less of continuity their
accumulated shares of the Community quota .
                             Article 10
1 . Member States shall take all measures necessary to ensure that the
    access to the tariff quota in question is restricted to cattle
    as specified in Article 1 ( 1 ) and ( 2 ).
2 . They shall ensure free access to the shares allocated to them for
    importers established in their territory .
J>. Member States shall count the animals in question against their
    shares as the animals are presented for customs clearance under
    cover of entries for some use .
4 . The extent to which the shares of the Member States have been used
    up shall be recorded on the basis of imports counted as specified
    in paragraph 3 •
                             Article 11 -
The Member States shall inform the Commission at regular intervals of
imports actually charged against their shares .
                             Article 12
The Member States and the Commission shall cooperate closely to ensure
that the provisions of this Regulation are observed .
                             Article 13
This Regulation shall enter into force on 1 July 1975-
      This Regulation shall be binding in its entirety and directly
      applicable in all Member States .                          I
Done at Brussels .                           For the Council
                                               The President