CELEX: 51981PC0026
Language: en
Date: 1981-01-30
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 b) 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 b) of the Common Customs Tariff (presented by the Commission to the Council)

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DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 26
Vol. 1981/0006
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 ---pagebreak---    1       ,
- 1 •: .«■
  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(81)26 final
                               , .               Brussels, 30th Januar ^
                                            ■ •* "...   , V/     Vi r
                      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 b ) of the Common. Customs Tariff                .
•         > .* •  :    •                   V ;        \        f
     ■ : v                 ■ •  f        ■                     .■ ■
                      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 inten­
       ded for slaughter , of certain alpine breeds falling within subheading
       ex 01.02 A II b > of the Common Customs Tariff
                    (presented by the Commission to the Council )
    COM ( 81 ) 26 final
 ---pagebreak---                                      EXPLANATORY >ri:MOPA]JmrM
             ]                               ■  '
  At cho Ipse multilateral CATT negotiations ^ the European Economic
  Community
         ;
             ; undertook to open certain annual Community
             i                                                >
                                                                   quotas including ,
  in the agricultural sector , those set out below :
  CCT                                                           Quota          Quota
  heading                 Description of goods                  volume         volume '
  No
                                                                  < .
  «χ 01 . 02 Α
      II » I         Cows and heifers , not intented for
                     slaughter , of the following moun­
                     tain breeds s grey , brown , yellow
                     and mottled Simmental breed and
                     Pinzgau breed ( conditions to be
                     determined by the competent
                   ■ authorities of the Member State
                                                                                       -,1
                     of destination)                             20 000 head    6Z
  ex 01.02
      II b)          Bulls , cows and heifers , not in­
                     tended , for slaughter , of the
                     following Alpine breeds : mottled
                     Simmental breed &nd Schwyz and
                     Fribourg breeds .                   *
                     If they arc to come within the         ■
                     quota , animals of the breeds in
                     question must satisfy the
                     following requirements
                     ~ bulls : pedigree
                     – female animals : pedigree or
                       certificate of registration in
                       the Vierbook certifying purity
                       of breed                                   5 000 head
In response to requests from the Swiss and Austrian authorities , the tariff
quotas in question have been open since 1 July 1970 and cover the period ; ^
from 1 July in each year to 30 June in the following year . - These quotas             '
were last opened by Regulations ( EEC ) Nos . 1664 / 80 and 1665 / 80 of 27 June      ;;
1980 < 0J No L 166 of 1st July 1980)                    " "fof the period from         j
1 July 1980 to 30 June 1981 .            , <                                            •
                                                  »
 ---pagebreak---  Ia an exchange of lectors with Austria dated 21 July 1 r> 72 , tin'
                     I
 undertook to increase , unilaterally , thev size of tf'2 first t iriff
 sec out above from 20 000 to 30 000 head and, to lower the quota duty £rmn
    - < «          ι
 6Z to , 4Z
          '
            .     I
                     Moreover , the quotas volumes were unilaterally increased up to
                               »
 38 000 heaq from the end of 1977 .
In order toj meet Community obligations , it is therefore necessary to
adopt Regulations on the opening , allocation and administration of the
               i
Community tariff quotas , for the period from I July 1981 to 30 June 1 982 *
in relation to the quantities of 38 000 and 5 000 head .
This is the            object of the proposals annexed hereto .
As regards• tthe
               !
                           allocation of the tariff. quotas• and , more especially
                                                                             •
                                                                                   , the         j
fixing of initial shares , it should be noted that ,; as in the case of previous j
quota periods , this has been based largely on the estimates of requirements , '
by the Member States , since specialized , complete statistical date are not
available . I                                        . '
The proposal for a Regulation submitted to the Council concerning the first                     '
               ι             .                                                        <
tariff quota of 38 000 head of cattle 6et out above provides for the fixing ■                   j
               I                   .                                                         %
of a first part to be allocated among proportionally to their , forecast needs                3
                                                                                              4
among certain Member States among which are the Benelux countricn , Ccmnny ,                 1
France , Ireland , - Italy and the United Kingdom . The remainder constitutor, a             I
Community jreserve which may be drawn up on not only by the abovementioucd I
Member States , but also , if necessary, by Denmark and Greece, v                            \
The proposed 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 J
 inasmuch as the first part constitutes 70% of th& quota and the Community - ^
 reserve 302► of the quota , to take account both of the          / .
                                                                      large quantities vhich *3j
 can be expected to be dran against the initial Italian shcre forthwith arid                 1
                 I                                                                           j
 the need - toaidcover
 Denmark                         any needs which may arise in the Benelux countries
                         in Greece.                                                      io ji
 ---pagebreak---               »                                        •           •           "    s
The intcrtirpt d   * ;    ho given I o the phr.T«-»? " not' •     l- f       • «.* '•.
has been the aubjoct of an exchange of - vievs annually i.ukh' l^'i .
      •      !                                       • . .    '
It had. been apparent from those discussions that , in the case of .* ninvirs
whose importation was subject to submission of a breeding certificate              ]
( certificate of pedigree or of registration in the herdhook) , cho.c1:inf, '
the purpose for which the animals are in f.ict used would be po'intl o :. r-        ;
                                                                                   *
in view , jm par»;iculc«r , of the high price of such animals . Acnumi^a
tTTat such a certificate is not required , a period of 4 months from the ,j
           ,             • ,                                    „
day of importation would appear the minimum period after which imported ;
animals could be considered^ not to be intended for slaughter .                        ;
This solution was adopted by the Council as an experiment for the period
          1
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
                                      • • ••                           • '             i
 the agreement of the Swiss authorities to extend the control measures
 on the non slaughter of animals imported with the above breeding          ,
 certificate under the second quota of 5,000 head .
 ---pagebreak---                                                       Proposal for
                                  COUNCIL REGULATION (EEC)
               on the opening, allocation and administration of the Community tariff quota of
               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 b) of the
                                                Common Customs Tariff
THE COUNCIL OF THE EUROPEAN                                  tion ; whereas it is therefore necessary to meet import
COMMUNITIES,                                                 requirements from third countries' which might arise
                                                             in that Member State ;
Having regard to the Treaty establishing the European        whereas within the framework of this tariff quota the
Economic Community, and in particular Articles 43            duty to be applied by Greece is also 4 % ;
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 uninterruped
                                                             application of the quota duties, to all imports of the
Having regard to the opinion of the European Parlia­         animals in question until the quota is exhausted ;
ment,                                       '                whereas, having regard to the principles defined
                                                             above, the Community nature of the quota can be
Whereas the European Economic Community under­               respected by allocating the Community tariff quota
took within the framework of GATT to open an                 among the Member States ; whereas possibilities for
annual Community tariff quota of 20 000 head at a            the use of such mountain breeds are, however, limited
duty of 6 % for heifers and cows other than those            by special factors, both geographical and zootech­
intended for slaughter of certain mountain breeds            nical ; whereas the Benelux countries and Denmark
falling within subheading ex 01.02 A II b) of the            do not have regions suitable for breeding this kind of
Common Customs Tariff ; whereas eligibility for such         cattle ; whereas, however in view of such special
quota is subject to conditions to be determined by the       factors, the Community nature of the tariff quota in
competent authorities of the Member State of destina­        question should be preserved by making provision for
tion ; whereas, in an exchange of letters with Austria       requirements which may arise in these Member
dated 21 July 1972, the Community has undertaken             States ; whereas, to this end, these Member States may
unilaterally to increase the size of the tariff quota from   proceed to draw adequate shares from the Community
20 000 to 30 000 head and to lower the quota duty            reserve which has been set up ; whereas, in order to
from 6 to 4 % ; whereas subsequently this quota was          reflect as closely as possible the actual trend of the
increased unilaterally to 38 000 head ; whereas the          market in question, the initial allocation must be
abovementioned tariff quota for the period 1 July            made in proportion to the requirements of each of the
                                                             Member States concerned calculated in accordance
 1981 to 30 June 198 2should therefore be opened at a
duty of 4 % in relation to a quantity of 38 000 head ;       with statistical data concerning imports from third
                                                             countries during a representative reference period and
                                                             with economic prospects for the quota period in ques­
Whereas under Articles 2 and 64 (2) (b) of the Act           tion ;
concerning the conditions of accession of the
 Hellenic Republic and the adjustments to the Trea­
ties ( ?) Greece is obliged to apply the Regulations of      Whereas, since the animals in question belong to
the common agricultural vpolicy from 1 January 1981 ,        certain specific breeds which are not specified as such
                                                             in the statistical nomenclatures of the Member States,
and to apply in its entirety, from that date, the duty in
 the Common Customs Tariff, to the animals in ques-           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 question ; whereas the extent to which Community
( DOJ No L 291 , 19. 11 . 1979, p. 17.                       tariff quotas for those animals in the Community as
 ---pagebreak---                                                         -ι-
originally constituted have been exhausted, and the        to that economic union may be carried out by any
estimates made by certain Member States enable the         one of its members.
requirements of each of them as regards imports from
third countriei for the quota period envisaged to be
assessed as follows :                                      HAS ADOPTED THIS REGULATION :
         Germany                     10 000 head
         France                        3 900 head                                    Article 1
         Italy                         6 100 head
                                                           1.        During the period 1 July 1981 to 30 June 1982 ,
                                                           a Community tariff quota of 38 000 head shall be
whereas, in the absence of precise information, the        opened within the European Economic Community
needs of the Benelux countries, the United Kingdom         in respect of imports from third countries of cows and
and Ireland may be assessed at 500, 300 and 200 head       heifers, other than those intended for slaughter, of the
respectively ;                                             following mountain breeds : grey, brown, yellow and
                                                           mottled Simmental breed and mottled Pinzgau breed,
Whereas, in order to take into account the ^possible       falling within subheading ex 01.02 A II b) of the
trend of imports of the aforementioned animals into        Common Customs Tariff.
the said Member States, the quota amount of 38 000
head should be divided into two parts, the first being     2.        For the purposes of this Regulation, the above-
allocated among certain Member States, the second          mentioned cows and heifers shall be .considered not
forming a reserve intended subsequently to cover the       intended for slaughter if they are not slaughtered
requirements of those Member States when their             within four months following the date of their impor­
initial shares are exhausted and requirements which        tation .
may arise within other Member States ; whereas in
order to ensure a certain degree of security for impor­   ^Derogations may, however, be granted in the event of
ters in the aforementioned Member States, the first        an act of God (disease, accident) duty attested by a
part Of the Community quota should be determined at        local authority certificate setting out the reasons for
a level which, under the present circumstances, may        the slaughter.
be approximately 50 % o the quota amount ;                 3. The said quota shall be administered in accor­
                                                           dance with the following Articles.
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                                   Article 2
break in continuity, it is important that that Member
State having used up almost the whole of its initial       Within the framework of the quota referred to in
share   should draw an      additional   share from the    Article 1 ( 1 ), the Common Customs Tariff duty for the
reserve ; whereas this must be done by each of these       animals referred to in the said paragraph shall be
Member States " as and when each of its additional         suspended at 4 % .
                                                                                                                      /
shares is almost entirely used up, and repeated as
many times as the reserve allows ; whereas the initial                                Article 3
and additional shares must be available until the end
of the quota period ; whereas such method of adminis­       1 . A first part of 19 000 head shall be allocated
tration calls for close cooperation between Member         among the Merrber States listed below. The shares
States and the Commission, which latter must, in parti­    shall apply from 1 July 1 98 1 to 30 June 1 982 subject
cular, be able to observe the extent to which the quota    to Article 7, and - hall be as follows :
amounts are used and inform Member States thereof ;                     Benelux                        200 head
                                                                      > Germany                     10 000 head
Whereas, if, at a specified date within the quota                  T    France                       3 000 head
pe iod, a considerable balance of the initial share of                  Ireland                        200 head
one or other of the Member States is left over, it is                N Italy                         5 300 head
essential that that State should return a considerable                  United Kingdom                 300 head
part of such balance to the reserve in order that part
of the Community tariff quota should not remain            2.        The second part of 19 000 head shall be held as
unused in one Member State while it coujd be used in       a Community reserve.
others ;
                                                                                /     Artich 4
Whereas since the Kingdom of Belgium, the
Kingdom of the Netherlands and the Grand Duchy of          If requirements arise in DenmarK, and in Greece
Luxembourg are united within and jointly represented                                 for cattle referred to in Article 1
by the Benelux Economic Union, any measure                 ( 1 ), these Member States shall draw an adequate share
concerning the administration of the shares alloratcd      from the reserve, in so' far as the reserve permits.
 ---pagebreak---                          Article 5                                                       Article 8
                                                                               i
1.     If 90 % or more of the initial quotf share of one        The Commission shall keep accounts of the amounts
of the Member States referred to in Article 3, or. of           of tiie shares opened by Member States in accordance
that share less the amount returned to the reserve,             with Articles 3, 4 and 5 and shall inform each of them
where Article 7 has been applied, has been used up, ■           of the extent to which the reserve has been exhausted
that 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 19g2
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,
90 % or more of the second share drawn by one of                The Commission shall ensure that any drawing which
these Member States has been used up, that Member               exhausts the reserve is limited to the balance available
State shall, in accordance with paragraph 1 , immedi­           and, to this end, shall specify the amount thereof to
ately draw a third share equal to 7-5 % of its initial          the Member State making the last drawing.
share, rounded off upwards, if necessary, to the next       '                               ,Ρ
                                                                                            !»
unit.
                                                                                            ii
                                                                                         Afticle 9
3.     If, after the second share has been' exhausted,                               i   ■ f
90 % or more of the third share drawn by one of                 Member States shall take all measures necessary to
these Member States has been used up* that Member -             ensure that when additional shares are drawn pursuant
State shall, in accordance with paragraph 1 , draw a .          to Article 4 or 5 it is| possible for imports to be
fourth share equal to the third.                                counted without interruption against their accumu­
                                                          \
                                                                lated shares of the Corrfmunity quota.
The same method shall be applied until the reserve is
exhausted .                                                                                1 .                        X       "
                                                                                        Article 10
4. By way of derogation from paragraphs 1 , 2 and
3, each of these Member States may draw shares lower             1 . Member States shall take all measures necessary
than those fixed in these paragraphs if there are               to ensure that access to the tariff quota in question is
reasons to consider that such shares might not be               restricted to cattle as specified in Article 1 ( 1 ) and (2).
exhausted. They shall inform the Commission of the
grounds which led them to apply this paragraph.                 2. They shall ensure free access to the shares allo­
                                                                cated to them for importers established in their terri­
                         Article 6                              tory.     '
                                                                3.     The extent to which the shares of the Member
The additional shares drawn in pursuance of Article 5
shall apply until 30 June 1982 .                                States have been used up shall be recorded on the
                                                                basis of imports submitted for customs clearance ^
                                                      I
                                                                under cover of declarations that they have been made
                         Article"7                              available for free circulation.
Member States shall return to the reserve, not later
                                                                                        Article II
than 1 March 1982,the unused portion of their initial
share in excess, on 1 5 February 1 98 2, of 5 % of the
initial amount. They may return a larger quantity if            On request by the Commission, Member States shall
there are reasons to consider that such quantity may            inform it of imports actually charged against their
not be used .                                                   shares.
However, amounts for which import certificates have
been issued but not used shall not be returned to the                                   Article 12
reserve.                                                                                                   \ .
                                                                Member States and the Commission shall cooperate
The Member States shall, not later than 1 March 198 2           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 1982
 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 shall enter into force on I July 1981 ,
 ---pagebreak---                                         - 4 -
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels,
                                                          For the Council
                                                            The President
 ---pagebreak---                                                         Proposal for
                                    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 those intended for slaughter, of
              certain Alpine breeds falling within subheading ex 01.02 A II b) of the Common
                                                      Customs Tariff
THE COUNCIL OF THE EUROPEAN                                    the abovementioned quota, and the ^ uninterrupted
COMMUNITIES,                                                   application of the quota duties to all imports of the
                                                               animals in question until the quota is exhausted ;
Having regard to the Treaty establishing the European          whereas, having regard to the principles defined
Economic Community, and in particular Articles 43              above, the Community nature of the quota can be
and 113 thereof,                                               respected by allocating the Community tariff quota
                                                               among the Member Stafes ; whereas possibilities for
Having regard to the proposal from the Commission,             the use of such mountaii} breeds are, however, limited
                                                               by special factors, both geographical and zootech­
Having regard to the opinion of the European Parlia­           nical ; whereas Denmark does not have regions
ment^               '                                          suitable for breeding this kind of cattle ; whereas,
                                                               however, in view of such;, special factors, the Commu­
Whereas, the European Economic Community under­                nity nature of the tariff ^quota in question should be
took within the framework of GATT to open an                   preserved by making provision for requirements
annual Community tariff quota of 5 000 head at a               which may arise in this Member State whereas to this
duty of 4 % for bulls, cows and heifer^, other than            end, this Member State may proceed to draw adequate
those, intended for slaughter, of certain Alpine breeds        shares from the Community reserve which has been
falling within subheading ex 01.02 A' II b) of . the           set up ; whereas, in order to reflect as closely as
Common Customs Tariff ; whereas eligibility for such           possible the actual trend of the market in question,
quota is subject to submission of the following docu­          the initial allocation must be made in proportion to
ments :                                                        the requirements of each of the Member States
                                                               concerned, calculated in accordance with statistical
– bulls :                                                      data concerning imports from third countries during a
                                                               representative reference period and with economic
     pedigree certificate,                                     pospects for the quota period in question ;
– female animals :
     pedigree certificate or certificate of registration in
     the herdbook, certifying purity of breed :                Whereas, since the animals in question belong to
                                                               certain specific breeds which are not specified as such
Whereas the abovementioned tariff quota for the                in the statistical nomenclatures of the Member States,
period 1 July 1 98 1 to 30 June 1 982 should, therefore,       no data on imports provided by the Member States
be opened at a duty of 4 % ;                                   could be considered to be sufficiently accurate and
                                                               representative to be used as a basis for the allocation
Whereas, under Articles 2 and 64 (2) (b) of the Act            in question ; whereas the extent to which Community
concerning the conditions of accession of the                  tariff quotas for those animals, in the Community as
Hellenic Republic and the adjustments to the Trea­             originally constituted, have been exhausted, and the
ties (1 Greece is obliged to apply the Regulations of          estimates made by certain Member States, enable the
the common agricultural policy from 1 January 1981,            requirements of each of them as regards imports from
and to apply in its entirety, from that date, the duty in      third countries for the quota period envisaged to be
the Common Customs Tariff, to the animals in ques­             assessed as follows :
tion ; whereas it is therefore necessary to meet import
requirements from third countries which might arise
in    that Member State .
                                                                       Germany                         250 head
whereas within the framework of this tariff quota the                  France                          1 20 head
duty to be applied by Greece is also 4 % ;                             Italy                         4 630 head
Whereas, it is in particular necessary to ensure equal
and continuous access for all Community importers to
                                                               whereas the needs of the United Kingdom and of
                                                               Ireland may, in the absence of. precise information, be
<i ; OJ No L 291 , 19. II . 1979, p. 17.                       assessed at 75 and 25 head respectively ;
 ---pagebreak---                                                          - 6 -
Whereas, in order to take into account the possible          slaughter, of the, following mountain breeds : the
trend of imports of the aforementioned animals into          mottled Simmental breed and the Schwyz and
the said Member States, the quota amount of 5 000            Fribourg breeds, falling within subheading ex 01.02 A
head should be divided into two parts, the first part        II b) of the Common Customs Tariff.
being allocated among certain Member States, the
second forming a reserve intended subsequently to            2.     Eligibility for this tariff quota shall be subject to
cover the requirements of these Member States when           the submission :
their initial shares are exhausted and requirements          – in the case of bulls :
which may arise within other Member States ; whereas
in order to ensure a certain degree of security for               of a pedigree certificate,
importers in the aforementioned Member States, the           – in the case of female animals :
first part of the Community quota should be deter­
mined at a comparatively high level which under the               of a pedigree certificate or certificate of registra­
present circumstances may be about 70 % of the                    tion in the herdbook, certifying purity of breed.
quota amount ;
                                                              3:    For the purposes of t^iis Regulation, the above-
Whereas, the initial shares of those Member States            mentioned cows and heifers shall be considered not
may be used up more or less rapidly ; whereas, in             intended for slaughter - if ; they are not slaughtered
order to take this fact into account and 'avoid any
break in continuity, it is important that that Member
                                                              within
                                                              tation .
                                                                       four months following the date of their impor­
State having used up almost the whole of its initial
share shouJd draw an additional share from           the      Derogations may, however, be granted in the event of
 reserve ; whereas this must be done by each of these         an act of God (disease, acqiderit) duly attested by a
 Member States as and when each of its additional             local authority certificate setting out the reasons for
 shares is almost entirely used up, and repeated as           the slaughter.
 many times as the reserve allows : whereas the initial
 and additional shares must be available until the end        4.     The said quota shall be administered in accor-,
 of the quota period ; whereas such method of adminis­        dance with the following Articles.                          •'
 tration calls for close cooperation between Member
 States and the Commission, which latter must, in parti­
 cular, be able to observe the extent to which the quota                                 Article 2
 amounts are used and inform Member States thereof ;                                                                  <
                                                              Within the framework of the quota referred to in
 Whereas, if at a specified date within the quota              Article 1 ( 1 ), the Common Customs Tariff duty for the
 period, a considerable balance of the initial share of        animals referred to in the said paragraph shall be
 one or other of the Member States is left over, it is         suspended at 4 % .
 essential that that State should return a considerable
 part of such balance to the reserve in order that part                                  Article 3
 of the Community quota should not remain unused
 in one - Member State while it could be used in others ;
                                                               l . A first part of 3 500 head shall be allocated
                                                               among the Member States listed below. The shares
 Whereas, since the Kingdom of Belgium, the                    shall apply from 1 July 1 98 ") to 30 June 198 2subject
 Kingdom of the Netherlands and the Grand Duchy of             to Article 7, and shall be as follows :
  Luxembourg are united within and jointly represented
 by the Benelux Economic Union, any measure                             Germany                           150 head
 concerning the administration of the shares allocated                  France                            100 head
 to that economic union may be carried out by any                       Ireland                            25 head
 one of its members,                                                    Italy                           3 150 head
                                                                        United Kingdom                     75 head
                                                               2. The second part of 1 509 head shall be held as a
  HAS ADOPTED THIS REGULATION :                                Community reserve.
                                                                                          Article 4
                         Article I
                                                               If requirements arise in countries of the Benelux
  1.    During the period 1 July 198 1 to 30 June 1982,        Economic Union           in Demark,          or >n Greece ,
  a Community tariff quota of 5 000 head shall be                                        1981 , for cattle referred to in
  opened within the European Economic Community                Article 1 ( 1 ), these Member States shall draw an
  in respect of the imports from third countries of bulls,     adequate share from the reserve, in so far as the
  cows and heifers, other than those intended for              reserve permits.
 ---pagebreak---                           Article J                                                     Article 8
 1.     If 90 % or more of the initial share of one of the     The Commission shall keep accounts of the amounts
 Member States referred to in Article 3, or of that share      of the shares opened by Member States in accordance
 less the amount returned to the reserve, where Article        with Articles 3, 4 and 5 and shall inform each of them
 7 hai been applied, ha» been used up, that Member             of the extent ta whieh the reserve Has been exhausted
State shall irpediately, by notifying the Commission,          as soon as it receives the notification .
draw a second share, in so far as the reserve permits,
equal to 15% of its initial share, rounded off                 The Commission shall, not later than 5 March 1982 ,
upwards, if necessary, to the next unit.                       notify Member States of the amount in the reserve
               4
                                                               after the return of shares pursuant to Article 7.
2.     If, after the initial share has been exhausted,
90 % or more of the second share drawn by one of               The Commission shall ensure that any drawing which
these Member States has been used up, that Member              exhausts the reserve is limited to the balance available
State shall, in accordance with paragraph 1 , immedi­          and, to this end, shall Specify the amount thereof to
ately draw a third share equal to 7 5 % of its initial         the Member State making the last drawing.
share, rounded off upwards, if necessary, to the next
unit.
                                                                                        Article 9
3.     If, after the second share has been exhausted,      \
90 % or more of the third share drawn by one of                The Member States shall take all measures necessary
these Member States has been used up, that Member              to ensure that when additional shares are drawn
State shall, in accordance with paragraph 1 , draw a           pursuant to Article 4 or 5 it is possible for imports to
fourth share equal to the third.                           ' be counted without interruption against their accumu­
                                                               lated shares of the Community quota.
The same method shall be applied until the reserve is
exhausted.
                                                                                       Article 10
4. By way of derogation from paragraphs 1 , 2 and
3, each of these Member States may draw shares lower         , 1 . Member States shall take all measures necessary
than those fixed in these paragraphs if there are              to ensure that the access to the tariff quota in question
reasons to consider that such shares might not be              is restricted to cattle as specified in Article 1 ( 1 ) and
exhausted. They shall inform the Commission of the             (2).                      '
grounds which led them to apply this paragraph.
                                                               2.    They shall ensure free access to the shares allo­
                                                               cated to them for importers established in their terri­
                         Artide 6
                                                               tory.                     ^
Additional shares drawn in pursuance of Article 5              3.    The extent to which the shares of the Member
shall apply until 30 June 1982 .                               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
                         Article 7                             available for free circulation.
Member States shall return to the reserve, not later
than 1 March 1982^he unused portion of their initial                                   Article 11
share in excess, on IS February 1982 />f 5,% of the
initial amount. They may return a larger quantity if           On request by the Commission, Member States shall
there are reasons to consider that such quantity may           inform it of imports actually charged against their
not be used.                                                   shares.
 However, amounts for which import certificates have
been issued but not used shall not be returned to the                                * Article 12
 reserve.
                                 I
                                                               Member States and the Commission shall cooperate
The Member States shall, not later than 1 March 1982 ,         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 2
 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 shall enter into force on 1 July 1981 #
 ---pagebreak---                                       - 8 -
                                                                             ■
This Regulation shall be binding in its entirety and directly applicable in all Member
States.                                                                „
Done at Brussels,
                                                         For the Council
                                                           The President