CELEX: 51973PC0653
Language: en
Date: 1973-04-27
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL, opening, allocating and providing for the administration of a Community tariff quota of 30 000 head of heifers and cows other than those intended for slaughter, of certain mountain breeds, falling within subheading ex 01.02 A II (b) 2 of the Common Customs Tariff#Proposal for a REGULATION (EEC OF THE COUNCIL, opening, allocating and providing for the administration of a Community tariff quota of 5 000 head of bulls, cows and heifers, other than those intended for slaughter, of certain Alpine breeds falling within subheading ex 01.02 A II (b) 2 of the Common Customs Tariff (Submitted to the Council by the Commission)

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DE LA COMMISSION
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DOCUMENTS "COM"
COM (73) 653
Vol. 1973/0131
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 ---pagebreak--- MISSION OB THE EUROPEAN COMMUNITIES
                                                      COM ( 73 ) 653 final
                                                      Brussel , 27 aprii 1973
                           Proposal for a
                 REGULATION ( EEC ) OF THE COUNCIL
  opening , allocating and providing for the administration of a
    Community tariff quota of 30 000 head of heifers and cows
  other than those intended for slaughter , of certain mountain
   breeds , falling within subheading ex 01.02 A II ( b ) 2 of the
                        Common Customs Tariff
                           Proposal for a
                 REGULATION (^EC ^ OF THE COUNCIL
  opening , allocating and provoding for the administration of a
    Community tariff quota of 5 000 head of bulls , cows and
  heifers , other than those intended for slaughter , of certain
   Alpine breeds falling within subheading ex 01 » 0 ? A II ( b ) P
                    of the Common Customs Tariff
             ( Submitted to the Council by the Commission )
COK(73 ) 653 final
 ---pagebreak---                           EXPLANATORY MEMORANDUM
 1. Within the framework of the last multilateral GATT negotiations , the
European Economic Community undertook to open certain tariff quotas each
year and in particular , in the agricultural sector , those listed below :
Common                                                          Quota      Quota
Customs                   Description of goods                   size      duty
Tariff No
ex 01.02 A II      Heifers and cows , other than those
          b) 2     intended for slaughter , of the following
                   mountain breeds : grey , brown , yellow
                   and mottled breeds of Simmental , and the
                   Pinzgau breed , (on conditions to be laid
                   down by the competent authorities of
                 ' the Member State of destination) ■          20 000         6%
                                                                  head
ex 01.02 A II      Bulls , cows and heifers , other than .
          b) 2     those intended for slaughter , of the
                   following Alpine breeds : the mottled
                   Simmental breeds and the . Schwyz and
                   Fribourg breeds . Eligibility for this
                   quota for the breeds indicated- is
                   subject to fulfilment of the following
                   requirement is :
                   – Bulls : pedigree
                   – Cowss pedigree or certificate of
                     registration in the herdbook certifying
                     purity of race                             5 000
                                                                  head
2.  In response to the wish expressed by the Swiss and Austrian authorities ,
the tariff quotas in question have been open since 1 July 1970 to cover
periods commencing on 1 July of each year and expiring .on 30 June of
the following year . These quotas were opened for the last time by
Regulation (EEC ) Nos 1464/72 and 1465/72 of 10 July 1972 (OJ No L 156 ,
12 July 1972 ). for the period from 1 July 1972 to 30 June 1973 *
                                                                  •/■
 ---pagebreak--- 3.   In an exchange of letters with Austria dated 21 July 1972 , the
Community proposed to increase from 20 000 to 30 000 head the size of the
Community tariff quota cited in the first instance in the chart above
and to lower the quota duty from 6$ to 4$»
4.   In order to fulfil the Community' s obligations , provisions opening,
allocating and providing for the administration of these Community tariff
quotas should be laid down by Regulations .
Such is the object of the proposals annexed hereto .
5.   With regard to the allocation of these tariff quotas and more
particularly to the fixing of initial quotas , it should be noted that
it is based essentially, as during the foregoing quota periods , on estimates
put forward by the Member States , in the absence of complete and
specialized data , which , furthermore could also reflect divergent
interpretations of the concept " other than those intended for slaughter".
The proposal forwarded to the Council for a Regulation for the tariff
quota of 30 000 head of the animals cited in the first instance in the
chart above provides , as agreed to by the Cotincil , for the opening of the
same quota for the foregoing quota periods , for the fixing of a first
instalment which shall be divided between Germany , Italy and Prance , the
only original Member States to possess regions suitable for the rearing
of cattle of this type , in proportion to their foreseeable needs . The
balance constitutes the Community quota reserve , to which not only the
three abovementioned Member States but also , according to expendiency , the
Benelux countries and . .              the three new Member States shall have
access#   To make allowance for needs that may arise in the new Member States ,
the size of the Community quota reserve , normally fixed at 30% of the total
size of the quota , has been increased , on an experimental basis , to 40%
of that size .
6.   The proposed administration method for the tariff quota of 5 000 head
of the animals cited in the seoond instance in the list set out above
scarcely differs   from the one proposed at 5 above , except that the first
                                                                •A
 ---pagebreak---  instalment amounts to IQjo of the quota and the Community quota reserve
 amounts to 30% thereof, to take into account on the one hand the high
 level already anticipated of charges against the initial quota allocated
 to Italy, and on the other hand the necessity of meeting any needs that
 might emerge in the new Member States ,
 7»  With regard to the quota duty to be applied , the situation is different
for the Community as originally constituted and for the new Member States .
For the original Member States , this duty is fixed at 4% for agreements
 entered into .
For the new Member States it should he noted that , pursuant to the
provisions of Article 60(3 ) of the Act concerning the conditions of
accession and adjustments to the Treaties , the nomenclature of the Common
Customs Tariff must be applied by 1 February 1973 for agricultural products
subject to common organization of the market , which include the animals
in question. Furthermore , in accordance with the provisions of Article 59 t
moves towards alignment of the national tariffs of these new Member States
on the Common Customs Tariff must take place each year , from 1973 onward ,
by instalments of 20%, at the beginning of each marketing year , i.e. , in
the case of products in the beef and veal sector , on 1 April .    Therefore ,
laeth expiration th© (pacta period , the new Member States will have to
make two moves (1 April 1973 and 1974) towards alignment with the Common
Customs Tariff ,
In these circumstances it does not appear desirable to include in the
proposed Regulations either the detailed statistical nomenclatures of the
tariffs of the new Member States or the quota duties to be applied by these
Member States within the framework of the tariff quotas in question . The
Commission considers that , as far as quota duties are concerned , an order
recalling the legal basis on which these duties are to be fixed by the
national authorities would suffice .
                                                                ./
 ---pagebreak---                                                                 AÎÎÎTEX A
                          Proposal for a
            REGUIATIOF (EEC ) OP THE COD2TCIL
         opening, allocating and providing for "the administration of a
         Community tariff quota of 30 000 head of heifers and cows ,
         other than those intended for slaughter , of certain mountain
         breeds,falling within subheading ex 01.02 A II (b ) 2 of the
         Common Customs Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                          >
Having regard to the Treaty establishing the European Economic Community ,
and in particular Articles 113 and 43 thereof ;
Having regard to the proposal from the Commission ;
Having regard to the Opinion of the European Parliament }
Whereas , for heifers and cows of certain mountain breeds , other than those
intended for slaughter falling within- subheading ex 01.02 A Il(b ) 2 of the
Common Customs Tariff , the European Economic Community undertook , within the
framework of the GATT multilateral negotiations , to open an annual Community
Tariff quota of 20 000 head ' at a duty of 6$; whereas eligibility for such
quota is subject to conditions to be determined by the competent authorities
of the Member States of destination ; whereas ,- in , g,n . exchange of letters with
                                              .unconditionally/
Austria dated 21 July 1972 , the Community /undertook to inorease the size of
the tariff quota from 20 000 to 30 000" head and to lower the quota duty from
6% to                                                     "
Whereas , under Article 60 of the Act annexed to the Treaty concerning the
accession of new Member States to the European Economic Community and to the
                                  (1 )
European Atomic Energy Community v     , signed on 22 January 1972 , the new
^OJ No L 73 , 27 March 1972, p. 28.
 ---pagebreak---                                     *• 2
                                                        AMEX A
Member States are obliged to apply the Regulations of the common
agricultural policy from 1 February 1973 ? whereas , therefore , any needs
whioh might 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 abovement ioned tariff quota for the period
1 July . 1973 to 30 June 1974 should therefore be opened at a duty of 4$
for the Community as originally constituted and at a duty conforming to the
provisions of the Act quoted above for the new Member States ; whereas , as a
temporary measure , different procedure should be laid down for the Member
States of the Community as originally constituted on the one hand and the
new Member States on the other ;
Whereas , regarding in particular the Community as originally constituted :
 (i ) it is in particular necessary to ensure equal and continuous acoess
       for all importers to the quota , and the uninterrupted application of
       the quota duty to all imports of the animals in question until the
       quota is used up ; whereas a system of utilization of the Community
       tariff quota on a basis of allocation among the Member States appears
       likely to comply with the Community nature of the said quota with
       respect to the principles set out above ; whereas possibilities for
       the use of such mountain breeds, are , however , limited by special factors ,
       both' geographical and zootechnic ; whereas , among these Member States ,
       Germany , Prance and Italy are the only ones to possess regions suitable
       fcr the breeding of cattle of this type ; whereas , however , in view of
       these special factors , the Community nature of the tariff quota in
       question should be preserved by making provision for needs xvhich may
       arise in other Member States ; whereas , in exceptional circumstances ,
       the system provided for in Article 4 of this Regulation enables all
     . these factors to be taken into account ; whereas , in order to reflect
       as closely as possible the actual trend of the market in question ,
 ---pagebreak---                                                              ΑΝΙΊΕΧ Α
initial allocation among the three abovementioned. Member States should
bo made in proportion to the needs of each of them, calculated in
accordance with statistical data concerning imports from . third countries
during a representative reference period and in accordance with economic
prospoets for the quota period in . question ; .......
 (ii ) Whereas , however , it has not been possible until now to standardize
          the rules applicable in the. various Member States as regards
          supervision of imports of animals: intended for slaughter , for
          breeding or for income ; whereas , in such circumstances , the
          statistical, data furnished by the Member , States in this field cannot
          be regarded as sufficiently aoourate and representative to be used
          as a basis for the allocation in question ; whereas the extent to
          which Community tariff quotas open until now for those animals have
          been used , and the estimates, made by the three abovementioned
          Member States allow for the. needs of each of them for imports from
          third countries for the quota period envisaged to be assessed
          as follows :
                       Germany        10 000 head ,
                       Prance          J 900head ,
                       Italy         ■ 6 ioo head ;   c
(iii ) Whereas , in order to take into account the possible trend of
          importing of the said animals into the said Member States , the
          quota amount of 30 000 head should be . divided into two instalments ,
          the first instalment being allocated among Germany , France and
          Italy, and the second forming a reserve ' intended ultimately to cover
          the needs of these Member States when their initial quota is used
          up and also any needs which may arise an other Member - States ;
          whereas , to- ensure a certain degree of ; security for importers in the
          three abovementioned. Member . States , the first instalment of the
          Community quota , should be determined at a, comparat ively high level ,
      - . which under the present circumstances, could be .60$ of : the quota
          amount ;
                                                                       •/.
 ---pagebreak---                                     - 4 -
                                                       ΑΜΕΧ Α
( iv) Whereas "the initial quotas of these 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 any Member
         State having used up almost the whole of its initial quota should
         draw an additional quota from the reserve ; whereas each of these
         Member States should make such a withdrawal as and when each of its
         additional quotas is almost entirely used up and should do so as
         many times as the reserve allows ; whereas the initial and additional
         quotas must be available for use until the end of the quota period ;
         whereas this method of administration calls for close cooperation
         between the Member States and the Comnission , which latter must , in
         partioular , be able to observe the extent to which the quota amounts
         are used and inform the   Member States thereof ;
  (v) Whereas if , at a specified date during the quota period , a
         considerable amount of the initial quota is left over in one or
         other of the Member States , it is essential that this State should
         return a considerable percentage thereof to the reserve in order
         that part of the Community tariff quota should not remain unused in
         one Member State while it could be used in others ;
(vi ) 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 measures concerning the administration
         of the shares allocated to the said Economic Union may be carried
         out by any one of its members ;
Whereas , regarding in particular the new Member States *
   ( i ) the Community nature of the tariff quota in question should be
          preserved by making provision for any needs which may arise in
          these Member States during the quota period ; whereas to this
          end those Member States should be afforded the possibility
          of making adequate v/ithdrawals from the reserve , the latter
          being increased accordingly :
 ---pagebreak---                                                           A1ÏIIEX A
  ( ii ) Whereas "the quota duties should "be fixed by the new Member States
          in accordance with the provisions of the abovementioned Act , and
          in particular with Articles 39 » 59 an<i 60 thereof j
 (iii ) Whereas there niust be equal and continuous, access for all importers
          to the quota in question and uninterrupted application of the
          quota duties to all imports of the animals 'in question until the
          quota is used upj            "
HAS ADOPTED THIS REGULATION :
                                  Article' "!
1.    During the period from 1 July 1973 to 30 June 1974 * a Community tariff
quota of 30 000 head shall be open in the European Economic Community for
the import from third countries of cows and heifers, other than those
intended for slaughter , of the grey, brown, yellow and mottled breeds of
Simmental and of the Pinzgau breed , falling within subheading
ex 01 «02 A Il(b ) 2 of the Gommon Customs Tariff »
2.    This quota shall be divided into* two instalments ; the first , comprising
18 000 head ? shall be allocated among        certain Member States in accordance
with the provisions of Article 3 ? the second , comprising 12 000 head , shall
constitute the Community reserve i               ' ' ' '
3.    The said quota shall be administered in accordance with the following
provisions }
        Provisions concerning the Community as originally constituted
                                   Article 2
Within the framework of the quota referred to in Article l(l ), the Common
Customs Tariff duties for the animals referred to in the same paragraph
shall be fixed at 47&»
 ---pagebreak---                                     - β -
   _ . „                                                  Α2ΤΗΕΧ Α
                                  Article 3
The first instalment of 18 000 head referred to in Article 1(2 ) shall'
be allocated among certain Member. States ; the quotas , which , subject to
Article 7 » shall be available for use from 1 July 1973 to 30 June 1974 ,
shall be the quantities shown below :
                   Germany !          9 000 head
                  France »            3 500 head            -
                   Italy :            5 500 head .
                                  Article 4                                    '
If a need arises in the Bene lux Economic Union for cattle referred to in
Article l(l ), that Union , represented by one of its members , shall draw
an adequate quota from the reserve set up in pursuance of paragraph 2 of
the same Article , in so. far as the reserve permits *
                    v  :     >  Article 5
     If 90% or more of the initial quota of one of the Member States referred
to in Article 3 » 1                                or of that quota . less the
portion 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 quota , in so far as the reserve permits , equal to 15$ of its
initial quota , rounded up , if necessary, to the next higher unit .
                                                                       ./•
 ---pagebreak---                                          -7 ■*.
                                                               AMEX A
2 . If f after the initial quota is used up , $0% or more of the second
quota drawn "by one of these Member States is used , that Member State shall ,
 in accordance with paragraph 1 , immediately draw a third quota equal to
       of its initial quota , rounded up , if necessary to the next higher
unit •
3. If, after the second quota is used up , SOfo or more of the third quota
drawn "by one of these Member States is""Used, that Member State shall , in
accordance with paragraph 1 , draw a fourth quota equal to the third .
The same method shall he applied in the same way until the reserve is used
up .
4 . By way of derogation to paragraphs 1 to 3 , each of these Member States
may draw quotas lower than those fixed in these paragraphs if there are
reasons for considering that such quotas may not "be used up . They shall
inform the Commission of the grounds on which they have applied the
provisions of this paragraph .       ■'                           .   ..
                           -         - Article 6    •- -   ' .
Additional quotas drawn in pursuance of Article 5 shall be available for
use until 30 June 1974 *                 '
                  •                '    Article 7 '     • - -
If, by 5 April 1974» a Monber Stats has not used up its initial quota , as fixed in
Article 3 , or as results from the application of Article 4» it shall , not
later than 25 April 1974 return to the reserve the unused portion of the
quota in excess of 20fo of the initial amount . It may return a larger quantity
if there are reasons for considering that such quantity may not be used up .
 ---pagebreak---                                                        AUNEDl A
 The Member States shall T not later than 25 April 1974 » notify the
 Commission of the total imports of the animals in question effected up
 to 5 April 1974 inclusive and charged against the tariff quota and , where
 appropriate , of the portion of their initial quotas returned to the
 reserve .
                                 Article 8
The Commission shall keep accounts of ther amounts of the quotas opened
"by Member States in accordance with Artioles 3 , 4 and 5 and shall inform
 each of them of the extent to which the reserve has been used as soon
as it receives the notifications .
The Commission shall , not later than 1 May 1974 » notify Member States
 of the amount in the reserve after returns of quotas pursuant to
Article 7 »
The Commission shall ensure that the withdrawal which uses up the reserve
 is limited to the balance available and , to this end , shall specify the
amount thereof to the Member State making this last withdrawal .
                                  Article 9
The Member States shall take all measures necessary to ensure that when
additional quotas are drawn pursuant to Article 4 or 5 it is possible for
 charges to be made without interruption against their cumulative shares
of the Community quota .
                                 Article 10
 1.  The Member States referred to in Artioles 3 and 4 shall lay down,
with regard to their quotas , the conditions for access to the tariff quota
in question and shall manage their quotas in accordance with their own
administrative provisions .   They shall ensure free access to the quotas
allocated to them for import or s established on their territory.
 ---pagebreak---                                                           AMEX A
2.  The extent to which the quotas of the Member States have been
used up shall be recorded on the "basis of imports from third countries
submitted at customs under cover of declarations for release into
free circulation .
                               Article " 1 1
The Member States shall inform the Commission at regular intervals of
imports from third countries actually charged against their quotas .
                               Article 12
The Member States and the Commission shall cooperate closely to ensure
that the provisions of this Regulation are observed .
Provisions concerning the new Member' States          f
                              Article 13
1»  If needs arise in the now Member States for the cattle referred to in
Article 1(1 ) and falling within subheading ex 01.02 A Il(b ) 2 of the
tariffs of the new Member States , the latter shall draw an adequate quota
from the Community reserve set up in pursuance of paragraph 2 of the
same Article , in so far as the reserve permits .
2.  Within the framework of the quotas thus drawn from the reserve , the
new Member States shall apply a quota duty complying with the provisions
laid down for that purpose in the Act relating to conditions of accession
and adjustments to the Treaties .
 ---pagebreak---                                     - io -
                                                          AHNEX A
                                           14
Articles 10 , 11 and 12 of this : Regulation shall be applicable to tho
new Member States .
                                   Article 15
This Regulation shall enter into force on 1 July 1973 *
This Regulation shall he binding in its entirety and directly applicable
in all Member States .
Done at Brussels ,           19 –•
                                                For tho Council
                                                 The President
 ---pagebreak---                                                               ANHEE B . . .
                            Proposal   for a
                           REGULATION     ( TgPC ) OF THE COUNCIL
             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 oei'tain
             Alpine "breeds falling within subheading ex 01»02 A'Il(b ) 2
             of the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community,
and in particular Articles 113 and 43 thereof ;
Having regard to the proposal from the Commission ;
Having regard to the Opinion of the European Parliament ;
Whereas , for "bulls , cows and heifers , other than those intended for
slaughter , of certain Alpine "breeds falling within subheading ex 01.02 A II (b ) 2
of the Common Customs' Tariff , the European Economio Community undertook,
within the framework of the last multilateral G/ITT negotiations , to -
open an annual Community tariff quota of 5 000 head at a duty of
whereas eligibility for such quota is subject to submission of the-
following documents :
– bulls :   pedigree ;
– cows :    pedigree or certificate of registration in the herdbook
          ■ certifying purity of race ;
Whereas , under Article 60 of the Act annexed to the Treaty concerning the
accession of new Member States to the European Economic Community and the
                             ■     (1 ) •
European Atomic Energy Community v     , signed on 22 January 1972 , the new
^OJ No L 73, 27 March 1972 , p. 28.                         (
                                                                    \
 ---pagebreak---                                                         ΛΜΕΧ Β
Member States- are obliged to apply the Regulations of the oommon
agricultural policy from 1 February 1973 j . whereas any needs which might
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 abovementioned tariff quota should therefore be
opened , for the period 1 July 1973 to 30 June 1974 » at a duty of 4$ for
the Community as originally constituted and at a duty conforming with the
Act quoted above for the new Member States ; whereas , on a temporary
basis , different systems should be laid down for the Member States of
the Community as originally const itvited on the one hand and the new
Member States on the other ;
Whereas , regarding in particular the Community as originally constituted ?
  (i ) it is in particular necessary to ensure equal and continuous
        access for all importers to the quota and the uninterrupted
        application of the quota duty to all imports of the animals in
        question , until the quota is used up ; whereas a system of utilization
        of the Community tariff quota on a basis of allocation among the        1
        Member States seems likely to comply with the Community nature of
        the said quota with respect to the principles set out above ;
        whereas possibilities for the use of such mountain, breeds are
        however limited by special factors , both geographical and
        zootechnic ; whereas , among these Member States , Germany, France and
        Italy are the only ones to possess regions suitable for the breeding
        of cattle of this type ; whereas , however , in view of these special
        factors , the Community nature of the tariff quota in question should
        be preserved ,by making provision for needs which may arise in other
      . Member States ; whereas , in exceptional circumstances , the system
        provided for in Article 4 of this Regulation enables all these
        factors to be taken into account ; whereas , in order to reflect as
        closely as possible the actual trend of the market in question , the
        initial allocation among the three abovementioned "Member States should
        be made in proportion to the needs of each of them, calculated in
 ---pagebreak---   accordance with statistical data concerning imports from third countries
. during a representative reference period, and in accordance with economic
  prospects for the quota period in question ;
   (ii ) VJhereas , however , it has not "been possible until now to
            standardize the rules applicable in the various Member States as
            regards supervision of imports of animals intended for slaughter ,
            for breeding or for income j whereas ^ furthermore , animals of these
            specific breeds are not classified in the statistical nomenclature
        . of the Member States ; whereas , under these circumstances , any-
            statistical data which might be supplied by the Member States in
            this field could not be regarded as sufficiently accurate and
          . representative to be used as a basis for the allocation in question ;
            whereas the extent to ivhich Community tariff quotas open until now for
            those animals have been used,and the estimates made by the three
            abovementioned Member States allow the needs of each of them for
            imports from third countries for the quota period in question to be
            assessed as follows :
                         Germany !       ' 250 head ,
                         Prance :          120 head.,
                         Italy:          4 630 head ;
 ( iii ) VJhereas , in order to take into account the possible trend of imports
            of the said animals into the said Member- States ,, the quota amount
            of 5 000 head should be divided into two instalments , the first
             instalment being allocated among Germany, Prance and Italy , the
             second forming, a reserve intended ultimately to cover the needs of
            those Member States when their initial quota is used up , and also
            any needs which may arise in other Member States ; whereas , to ensure
            a certain degree of security for importers in the three abovementioned
            Member States , the first instalment of the Community quota should be
             determined at a comparatively high level , which, under the present
             circumstances , could be 70$ of the quota amount ;
 ---pagebreak---                                        - 4 -
(iv) Whereas the initial quotas of theso Member States may "bo used",
        up . fairly rapidly; whereas , in order to . take this fact into
        account and to avoid any "break in continuity, it is important that
        any Member State having used up almost the whole of its initial, .
        quota should draw an additional quota from the reserve ; whereas
        each of these Member States should make such" a withdrawal as , and
        when . each of its additional quotas is almost entirely used up ,
        and should do so as many times as the reserve allows ; whereas the
     , initial and additional quotas should fee' available for une until the
        end of the quota period ; whereas this method of administration calls
        for close cooperation "between the Member States and the Commission ,
        which latter must , in particular , "be able to observe the extont to
        which the quota amounts are used and to inform the Member States
        thereof :
                                   1                   . '          >  ' ' * •
(v)    .Whereas if , at a specified date during the quota period a
        considerable amount of the initial quota is left over in one or
        other of the Member States , it is essential that this State should
        return a considerable percentage thereof to the reserve , in order
        that part of the Community tariff quota should not remain unused
        in one Member State when it could be used in others ;
(vi ) Whereas since the Kingdom , of Belgium, the Kingdom of the Netherlands
        and the Grand Duchy of Luxembourg are united in and represented        v
        by the Benelux Economic Union, any measures concerning the
        administration of the shares allocated to the said Economic Union
        may be carried out by any one of its members ;
Whereas , regarding in particular the new Member States :
(i )    the Community nature of the tariff quota in question should be
        safeguarded by making allowance for the covering of any needs which
        might emerge in these Member States during the quota period ; whereas
        to this end these Member . States should be afforded the
        possibility of making adequate , withdrawals ^ from the reserve ,
        the latter being increased accordingly ;
 ---pagebreak---   (ii ) Whereas the quota duties should he fixed "by the new Member States
         in accordance with the provisions of the abovementioned Act , and
         in particular with Articles 39 ? 59 an<l 60 thereof ;
( iii ) Whereas there must "be equal and oontinuous access for all importers
         to the quota in question and uninterrupted application of the quota
         duties to all imports of the animals in question until tho quota
         is used up ;
HAS ADOPTED THIS REGULATION ;
                                    /.rtj.cle |
                                    C-fLV – ri-i... •» ■ m mw
1.   During the period from 1 July 1973 to 30 June 1974 } a Community tariff
     quota of 5 000 head shall be open in the European Economic Community
     for the import from third countries of bulls * cows and heifers , other
     than those intended for slaughter , of the moil; led breed of Simmental
     and of the Schwyz and Fribourg breeds , falling within subheading
     ex 01.02 A Il(b ) 2 of the Common Customs Tariff .
2.   This quota shall be divided into two instalments ; the first , comprising
     3 500 head , shall be allocated among certain Member States in
     accordance with the provisions' of Article 3 » the second , comprising
      1 500 head , shall- constitute the Community reserve .
3.   The said quota shall be administered in accordance with the follovring
     provisions :
           Provisions concerning the Community as originally constituted .
                                    Article 2
Within the framework of the quota referred to in Article 1 (1 ) the
Common Customs Tariff duties for the animals referred to in the said
paragraph shall be suspended at the level of
 ---pagebreak---                                            - 6 -
                                         Arti cle 3
         The first instalment of 3 500 head referred to in Article - 1(2 ) shall
         "be allocated among certain Member States ; the quotas which , subject to
         Article 7 , shall be available for use 1 July 1973 to 30 June 1 974 , shall
         be the quantities shown be lows
                         Germany:                 175 head
                         France :                   85 head
                         Italy :                3 240 head .
                                         Article 4
          If a need arises in the Benelux Economic Union for cattle referred to in
         Artiole 1(1 ), that Union , represented by one of its members , shall draw
         an adequate quota from the reserve , in so far as the reserve permits .
                                         Article 5
          1.  If 90% or more of the initial quota of one of the Member States
         referred to in Article 3 , as it is determined therein, or of that quota
          less the portion 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 quota , in so far as the reserve permits ,
       s equal to 15$ of its initial quota , rounded up if need be , to the next
         higher unit .
         2 . If, after the initial quota has run out , $0% or more of the second
         quota drawn by one of these Member States is used , . that Member State
|        shall , in accordance with paragraph 1 , 'immediately draw a third quota
 !       equal to 1»5%      its initial quota, rounded up, if need be, to the
         next higher unit .
   I 1
   I
i '                                                                    ■ ./-
 ---pagebreak---                                    - 7 -
3.   If , after the second quota is used, up , yrjo or more of the third
quota drawn by one of these Member States has "been used that Member State
shall , in accordance with paragraph 1 , draw a fourth unit equal to the third .
This same method shall be applied in the same way r until the reserve
is used up .
4.   By way of derogation to paragraphs 1 to 3j each of these Member States
may draw quotas lower than those fixed in these paragraphs if there are
reasons for considering that such quotas may not be used up .       They shall
inform the Commission of the grounds on which they have applied the provisions
of this paragraph .                           , .
                                  Article 6
Additional quotas drawn in pursuance of Article 5 shall be available for
use ■until 30 June 1974 *
                                  Article 7
If , by April 5 1974j a- Member State has not used up its initial quota ,
as fixed in Article 3 , or as res-alts from the application of Article 4j
it shall , not later than 25 April 1 974 * return to the reserve the unused
portion of the quota in excess of 20^ of the initial amount .       It may return
a larger quantity if there are reasons for 'considering that such quantity may
not be used up .
The Member States shall , not later than 25 April 1 974 * notify the Commission
of the total imports of the animals in question effeoted N up to 5 April 1974
inclusive and charged against the tariff quota and , where appropriate , of
the portion of their initial quota returned to the reserve .
                                                                 /•
 ---pagebreak---                                     -8 -
                                  Article 8
 The Commission shall keep account of the amounts of the quotas opened
by Member States in accordance with Articles 3 , 4 and 5 and shall inform
 each of them,of the extent to which the reserve has "been used as soon
 as it receives the notifications .
 The Commission shall , not later than 1 May 1974j notify Member States of
the amount in the reserve after returns of quotas pursuant of
Article 7 *
The Commission shall ensure that the withdrawal which uses up the reserve
 is limited to the "balance available and , to this end , shall specify the
amount thereof to the Member State making this last withdrawal .
                                  Article 9                          .> •
The Member States shall take all measures necessary to ensure that when
additional quotas are drawn pursuant to Article 4 or Article        it is
possible for charges to be made without interruption against their
 cumulative shares of the Community quota .
                                  Article 10
-1 . The Member States referred to in Articles 3 and 4 shall lay down,
with regard to their quotas , the conditions for access to the tariff
quota in question .   They shall ensure free access to the quotas allocated
to them for importers established on their territory.
2.   The extent to which the quotas of the Member States have been used
 shall be recorded on the basis of imports from third countries submitted
at customs under cover of delcarations of release into free circulation .
                                                                /
 ---pagebreak---                                   Article il
The Member STates shall inform the Commission at regular intervals of
imports from third countries actually charged against their quotas .
                                  Article 12                           ,
The Member States and the Commission shall cooperate closely to ensure
that the provisions of this Regulation are observed .
Provisions concerning the new Member States
                                  Article 13
1.   If needs arise in the new Member States for the cattle referred to in
Article 1(1 ) . and falling within subheading ex 01.02 A II (b ) 2 of the
tariffs of the new Member States , the latter shall draw an adequate
quota from the Community reserve set up in pursuance of paragraph 2 of the
same Article , in so far as the reserve permits .
2.  Within the framework of the quotas thus drawn from the reserve r the
new Member States shall apply a quota duty complying with the provisions
laid down for that purpose in the Act relating to conditions of accession
and adjustments to the Treaties .
Articles 10 t 11 and 12 of this Regulation shall apply to the new Member
States .
 ---pagebreak---                                - 10 -
                               Article 15
This Regulation shall enter into force on 1 July
This Regulation shall he binding in its entirety and directly applicable
in all Member States .
Done at Brussels ,             19
                                                For the Council
                                                The President