CELEX: 51989PC0004
Language: en
Date: 1989-05-18
Title: Proposal for a COUNCIL REGULATION (EEC) opening and providing for the administration of a Community tariff quota for heifers and cows, other than those intended for slaughter, of certain mountain breeds#Proposal for a COUNCIL REGULATION (EEC) opening and providing for the administration of a Community tariff quota for bulls, cows and heifers, other than those intended for slaughter, of certain Alpine breeds#(presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (89) 4
Vol. 1989/0001
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                          COM(89 ) 4 final
                         Brussels, 18 May 198
                                                          Brussels , 18 May 1989
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                               Proposai for a
                         COUNCIL REGULATION ( EEC )
 opening and providing for the administration of a Community tariff
      quota for heifers and cows , other than those intended for
                slaughter , of certain mountain breeds
                              Proposal for a
                         COUNCIL REGULATION ( EEC )
 opening and providing for the administration of a Community tariff
  quota for bulls , cows and heifers , other than those intended for
                 slaughter , of certain Alpine breeds
                     ( presented by the Commission )
 ---pagebreak---                                                                          ч
                                     - з -
1.  At the last multi l ateral GATT negotiations , the European Economic
    Community undertook to open certain annual Cammunity quotas including ,
    in the agricultural sector , those set out below :
OCT             Description of goods                       Quota Quota
heading No                                                 volume
ex 01.02 A II   Cows and heifers , not intended for
                slaughter , of the following mountain
                breeds ; grey , brown , yellow and
                mottled Simmental breed and Pinzgau
                breed (conditions to be determined by
                the competent authorities of the
                Member State of destination)               20 000   6%
                                                           head
ex 01.02 A II   Bulls , cows and hiefers , not
                intended for slaughter , of the
                following breeds ; mottled
                Simmental breed and Schwyz and
                Fribourg breeds . It they are 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
                  herdbook certifying purity of
                  breed                                    5 000    4%
                                                           head
                                                                            2
 ---pagebreak---                                     - 4 -
2. The tariff quotas in question were first opened on 1 July 1970 in
   response to requests from the Swiss and Austrian authorities , and cover
   the period from 1 July in each year to 30 June in the following year .
   The last ones came under Regulations ( EEC) Nos 1706 and 1707 of
   13 June 1988 (Oj No L 152 of 18 June 1988 ) for the period from
   1 July 1988 to 30 June 1989 .
3. In an exchange of letters with Austria dated 21 July 1972 , the
   Community undertook unilaterally to increase the size of the first
   tariff quota set out above from 20 000 to 30 000 head and to lower He
   quota duty from 6% to 4% . The quota volume was again unilaterally
   increased to 38 000 head from the end of 1977 . And under an agreement
   in the form of exchange of letters dated 14 July 1986 which was adopted
   by the Council 's Decision of 15 September 1986 (OJ No L 328 of
   22 November 1986 p. 57), the volume of this tariff quota was once more
   raised to 42 600 head , as from 1 July 1986 .
4. In order to meet community obligations , it is therefore necessary to
   adopt Regulations on the opening and administration of the Community
   tariff quotas , for the period from 1 July 1989 to 30 June 1990 .
   This is the object of the proposals annexed hereto .
5. In order to take into account aspects peculiar to the trade in these
   animals and the obligation , imposed by the Court of Justice 's ruling in
   case 51.87 , to administer all Community tariff quotas at Community
   level , it has proved necessary to introduce a new administrative
   system , dividing the quotas in. question into two equal six-month
   instalments and assigning quantities to importers to reflect past
   performance or demand .
 ---pagebreak---                                     - 5 -
    The Commission realizes that the division of these quotes into six-
    month instalments will require the assent of the Austrian and Swiss
    authorities . It has already requested this and the Austrian
    authorities have given their agreement in principle . It therefore
    reserves the right to amend the proposals , should it emerge during the
    adoption procedures that this division is causing insuperable
    difficulties in these countries .
6 . The interpretation to he given to the phrase "not intended for
    slaughter " has been the subject of an exchange of views since 1974 .
    It had been apparent from the 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 of the high price of suGh animals . Where such a certificate is
    not required , a period of 4 months from the day of importation would
    appear the minimum period after which imports! animals could be
    considered not to he intended for slaughter . This solution was adopted
    by the Council on an experimental basis for the period from 1 July 1974
    to 30 June 1975 and was then adopted once more for the following tariff
    periods .
    At discussions at Council level in 1978 and 1979 it was decided with
    the agreement of the Swiss authorities to extend the checks on
    non-slaughter to animals imported with the abovementioned breeding
    certificate under the second quota of 5 000 head .
 ---pagebreak---                                          - 6 -
                                    Proposai for a
                               (ГОИЛ.   РЖГЛ.АТЗШ (ЕШ)
          opening and providing for the administration of a Community
         tariff quota for heifers and cows , other than those intended
                    for slaughter, of oertahn mountain breeds
T3E ŒOCEL OP THE EÜICiFEAN (XiaîONITXES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 113 thereof ,
Having regard to the Act of Accession of Spain and Portugal ,
Having regard to the proposal from the Commission ,
Whereas the European Economic Community undertook , within the framework of
GAIT , to open an annual Community tariff quota of 20 000 head at a duty of
0% for heifers and cows , other than those Intended for slaughter , of
certain mountain breeds ; whereas , in an Exchange of Letters with Austria
dated 21 July 1972 , the Community undertook unilateral ly to increase the
size of the tariff quota from 20 000 to 30 000 head and to lower the quota
duty from 6 to 4% ; whereas , subsequently , this quota was Increased
unilaterally to 38 000 head ; whereas according to the Agreement in the
form of an Exchange of Letters of 14 July 1986 , which was adopted by
Decision 86/ 555/ EBC , 1 the volume of this tariff quota was raised to 42 600
head as from 1 July 1986 ; whereas the abovementioned tariff quota should
therefore be opened for the period 1 July 1989 to 30 June 1990 at a duty of
4% for a quantity of 42 600 head ; whereas , however , under the terms of
Article    282  of  the    Act   of   Accession , Portugal  is
authorized to postpone until the beginning of the second stage the
progressive application to imports of preferences granted by the Community
unilateral ly or by agreement to certain third countries ;
Whereas it is in particular necessary to ensure equal and continuous access
for all Community importers to the abovementioned quota , and the
uninterrupted application of the quota duties , to all imports of the
animals in question until the quota is exhausted ; whereas the necessary
measures should be taken to ensure efficient administration of this tariff
quota , taking into account the Community nature of the quota and special
factors in the trade in these animals ;       whereas to this end the Commission
should, assign to the Member States on request the quantities needed to
cover actual imports in accordance with an economically appropriate
procedure to be determined ;
1 0JNOL 328 , 22.11.1986 , p.57 .
 ---pagebreak---                                              - 7 -
    Whereas , since the Kingdom of Belgium , the Kingdom of the Netherlands arri
     the Grand Duchy of Luxembourg are united within and jointly represented by
     the Benelux Economic Union, any measure concerning the administration of
     the quantities drawn by that economic union may be carried out by any nnp
    of its members ,
    HAS ADGPTHD THTS REGULATION
                                          Article 1
     1.  From 1 July 1989 to 30 June 1990 , the duty applicable to the import
         into the Community , with the exception of Portugal , of the animals
         designated hereafter shall be suspended at the level and within the
          limits of the Community tariff quota indicated :
 Order                Combined                       Description               Quota  Quote
  No                  Nomenclature                                             volume duty
                      code                                                            (%)
09.0002               ex 0102.90-10 Cows and heifers , other than those
                      ex 0102.90-31  Intended for slaughter , of the
                      ex 0102.90-33 following mountain breeds : grey , brown ,
                                    yellow and mottled Slmmental breed and
                                    mottled Pintzgau breed                     42 600  4
                                                                               head
    2.   Within the limits of this tariff quota , Spain shall
         apply customs duties calculated in accordance with the relevant
         provisions in the Act of Accession .
    3.   For the purposes of this Regulation , the abovementioned animals shall
         be considered not intended for slaughter if they are not slaughtered
         within four months following the date of their importation .
         Derogations may , however , be granted in the event of an act of God duly
         attested by a local authority certificate setting out the reasons for
         the slaughter .
    4 . The quota volume referred to in paragraph 1 shall be divided into two
         equal six-monthly instalments of 21 300 head , the first applying to
         imports from 1 July to 31 December 1989 , the second being reserved for
         imports from 1 January 1990 .
                                                                                           4
 ---pagebreak---                                     - 8 -
                                  Article 2
1. Each of the instalments referred to in Article 1(4 ) shall be further
   divided into two parts . The first , 9G% of the total , i.e.19 170 head ,
   shall be reserved for established importers who are able to furnish
   proof of having imported animals of the breeds specified in the tariff
   quota in question during the previous three year's . The second , of 10% ,
   i.e. 2 130 head , shall be reserved for other importers who shall
   undertake to breed the imported cattle on their awn account .
2. The 19 170 head shall be assigned to importers pro rata , in proportion
   to ‘the scale of their imports over the three years under consideration ,
   while the 2 130 head shall be assigned to applicants pro rata , in
   proportion to the entitlement applied for .
3. Quantities of one part of the quota not applied for and assigned within,
   a given period shall be automatically transferred to the other .
                                  Article 3
1. Applications to import under each instalment and pant of the tariff
   quota , accompanied , where appropriate , by proof of previous imports ,
   shall be made to the competent authorities in the Member States , in
   accordance with the procedures laid down and the deadline set by those
   authorities .
   These autimrities shall transmit to the Commission , not later than
   20 June for the instalment beginning on 1 July and 20 December for that
   beginning on 1 January , the following data :
   - the number of applicants and the number of head applied for by each
     category of importer ,
   - the proof of previous imports furnished by each applicant in respect of
     the 19 170 head reserved for established importers .
2. The Commission shall notify the Member States , by 25 June and
   25 December 1989 respectively , of the quantities to be assigned to each
   applicant , in the form , where necessary , of a percentage of the amount
   originally applied for .
3. On the basis of this data , the Member States shall issue applicants
   with a certificate specifying the number of head to which they are
   entitled , valid until 31 December 1989 for the first instalment and
   until 30 April 1990 for the second .
 ---pagebreak---                                     - 9 -
    This certificate , the format of which shall be decided by the Member
    States , shall be issued upon provision of a security of EOT 10 per
    head., which shall be released once the certificate has been returned ,
    complete with the customs stamps acknowledging the import of the
    animals , to the issuing authority .
    However , an entitlement certificate shall entitle the bearer to benefit
    from the tariff quota only when made out in the same name as the entry
    for release for free circulation which accompanies it .
4.  Quantities specified on entitlement certificates which have not been
    taken up by 31 December 1989 or 30 April 1990 as the case may be shall
    be reassigned under the procedure described above to importers who have
    exhausted their own entitlements over the two periods .
    To this end Member States shall notify the Commission by 10 May 1990 of
    the quantities remaining unused on 31 December 1989 and 30 April 1990 ,
    and furnish the data specified in the second subparagraph of paragraph 1 .
    The   Commission   shall set  the    new percentages  for   entitlements
    in each category and shall transmit them by 15 May 1990 to the Member
    States , which shall then issue the entitlement certificates to the
    applicants under the conditions specified in paragraph 3 , with a period
    of validity not extending beyond 30 June 1990 .
                                  Article 4
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 ).
2.  They shall ensure importers equal and continuous access to the tariff
    quota in question .
3.  Depletion of the quota shall be measured on the basis of imports
    submitted for customs clearance under cover of entries for release for
    free circulation .
                                  Article 5
Member States and the Commission shall cooperate closely to ensure that the
provisions of this Regulation are observed .
                                  Article 6
This Regulation shall enter into force on 1 July 1989 .
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at Brus se Is
                                                  For the Council
                                                  The President
                                                                               g
 ---pagebreak---                                       - 10 -
                                 Proposai for a
        opening and providing for the administration of a Community
         tariff quota for bulls , cows and heifers , other than those
               intended for slaughter , of certain Alpine breeds
THE OOONCIL GF THE EURQPEAN ŒMMÜKITTES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 113 thereof ,
Having regard to the Act of Accession of Spain and Portugal ,
Having regard to the proposal from the Commission ,
Whereas the European Economic Community undertook , within the framework of
GATT , to open an annual Community tariff quota of 5 000 head at a duty of
4% for bulls , cows and heifers , other than those intended for slaughter , of
certain Alpine breeds ; whereas eligibility for such quota is subject to
submission of the following documents :
- bulls :   a pedigree certificate ,
- female animals : a pedigree certificate of registration in the herdbook ,
  certifying purity of breed ;
Whereas the abovementioned tariff quota should therefore be opened for the
period 1 July 1989 to 30 June 1990 at a duty of 4% ; whereas , however ,
under the terms of Article 282 of the Act       of Accession ,
Portugal is authorized to postpone until the beginning of the second stage
the progressive application to imports of preferences granted by the
Community to certain third countries , unilaterally or by agreement ;
whereas a check should be carried out to ascertain that the imported
animals have not been slaughtered within a certain period , in accordance
with Article 1(3 );
Whereas it is in particular necessary to ensure equal and continuous access
for all Community importers to the abovementioned quota , and the
uninterrupted application of the quota duties , to all imports of the
animals in question until the quota is exhausted ; whereas the necessary
measures should be taken to ensure efficient administration of this tariff
quota , taking into account the Community nature of the quota and special
factors in the trade in these animals ;    whereas to this end the Commission
should assign to the Member States on request the quantities needed to
cover actual imports in accordance with an economically appropriate
procedure to be determined ;
 ---pagebreak---                                               - 11 -
     Whereas , since the Kingdom of Belgium , the Kingdom of the Netherlands and
     the Grand Duchy of Luxembourg are united within and jointly represented by
     the Benelux Economic Union , any measure concerning the administration of
     the quantities drawn by that economic union nay be carried out by any one
     of its members ,
    HAS ADOPTED THTft KBSULATTCN
                                           Article 1
     1 . From 1 July 1989 to 30 June 1990 the duty applicable to the import into
         the Community , with the exception of Portugal , of the animals
         designated hereafter shall be suspended at the level and within the
         Limits of the Community tariff quota indicated :
 Order                Combined                         Description          Quota  Quote
  No                  Nomenclature                                          volume duty
                      code                                                         (%)
09.0004               ex 0102.90-10   Bulls , cows and heifers , other
                      ex 0102.90.31   than those Intended for
                      ex 0102.90-33   slaughter , of the following breeds :
                      ex 0102.90-3 5  mottled Slmmental breed and the
                                      Schwyz and Fribourg breeds            5 000   4
                                                                            head
         Within the limits of this tariff quota , Spain shall
         apply customs duties calculated in accordance with the relevant
         provisions in the Act of Accession .
    2.   Eligibility for this tariff quota shall be subject to the submission
         of :
              in the case of bull s :    a pedigree certificate ,
              in the case of female animals : a pedigree certificate or
              certificate of registration in the herdbook , certifying purity of
              breed .
    3 . For the purposes of this Regulation , the abovementioned animals shall
         be considered not intended for slaughter if they are not slaughtered
         within four months following the date of their importation .
         Derogations may , however , be granted in the event of an act of God duly
         attested by a local authority certificate setting out the reasons for
         the slaughter .
    4 . The quota volume referred to in paragraph 1 shall be divided into two
         equal six-monthly instalments of 2 500 head , the first applying to
         imports from 1 July to 31 December 1989 , the second being reserved for
         imports from 1 January 1990 .
                                                                                      Å0
 ---pagebreak---                                     - 12 -
                                  Article 2
1. Each, of the instalments referred to in Article 1(4 ) shall be further
   divided into two parts . The first , 90% of the total , i.e. 2 250 head ,
   shall be reserved for established importers who are able to furnish
   proof of having imported animals of the breeds specified in the tariff
   quota in question during the previous three years . The second , of 1 0% ,
   i.e. 250 head , shall be reserved for other importers who shall
   undertake to breed the Imported cattle on their own account .
2. The 2 250 head shall be assigned to importers pro rata , in proportion
   to the scale of their imports over the three years under consideration ,
   while the 2 50 head shall be assigned to applicants pro rata , in
   proportion to the entitlement applied for .
3. Quantities of one part of the quota applied for and not assigned within
   a given period shall be automatically transferred to the other .
                                  Article 3
1. Applications to import under each instalment and part of the tariff
   quota , accompanied , where appropriate , by proof of previous imports ,
   shall be made to the competent authorities in the Member States , in
   accordance with the procedures laid down and the deadlines set by those
   authorities .
   These authorities shall transmit to the Commission not later than
   20 June for the instalment beginning on 1 July and 20 December for that
   beginning on 1 January , the following data :
   - the number cf applicants and the number of head applied for by each
     category of importer ,
   - the proof of previous imports furnished by each applicant in respect
     of the 2 250 head reserved for established importers .
2. The Commission shall notify the Member States , by 25 June and
   25 December 1969 respectively , of the quantities to be assigned to each
   applicant , in the form , where necessary , of a percentage of the amount
   originally applied for .
3. On the basis of this data , the Member States shall issue applicants
   with a certificate specifying the number of head to which they are
   entitled , valid until 31 December 1969 for the first instalment ard
   until 3C April 1990 for the second .
   This certificate , the format of which shall be decided by the Member
   States , siall be issued upon provision of a security of HU 10 per
   head , which shall be released once the certificate lias been returned ,
   complete with the customs stamps acknowledging the import of the
   animals , to the issuing authority .
   However , an entitlement certificate shall entitle the bearer to benefit
   from the tariff quota only when made out in the same name as the entry
   for release for free circulation which accompanies it .
                                                                              AA
 ---pagebreak---                                     - 13 -
4.  Quantities specified on entitlement certificates which have not been
    exhausted by 31 December 1989 or 30 April 1990 as the case may be shall
    be reassigned under the procedure described, above to importers who have
    exhausted their own entitlements over the two periods .
    To this end Member States shall notify the Commission by 10 May 1990 of
    the quantities remaining unused on 31 December 1989 and 30 April 1990 ,
    and furnish the data specified in the second subparagraph of paragraph 1 .
    The  Commission    shall set  the  new   percentages  for  entitlements
    in each category and Shall transmit them by 15 May 1990 to the Member
    States , which shall then issue the entitlement certificates to the
    applicants under the conditions specified in paragraph 3 with a period
    of validity not extending beyond 30 June 1990 .
                                  Article 4
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 ).
2.  They shall ensure importers equal and continuous access to the tariff
    quota in question .
3.  Depletion of the quota shall be measured on the basis of imports
    submitted for customs clearance under cover of entries for release for
    free circulation .
                                  Article 5
Member States and the Commission shall cooperate closely to ensure that the
provisions of this Regulation are observed .
                                  Article 6
This Regulation shall enter into force on 1 July 1989 .
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at Brussels
                                                  For the Council
                                                  The President
                                                                             a
 ---pagebreak---                FlCffi D' IMEftCT SUR IA OGM HCTITI VITE CT L' EMELOI
Css propositions sont formulées en conformité avec des engagements
contractuels cte la Communauté . L' inpact découlant de œs concessions a été
pris en considération lors de la prise de décision d' adoption de œs
contingents et il n' aura pas un caractère sérieux sur la carpe titivité et
l' emploi dans la Communauté .
 ---pagebreak--- FICHE FINANCIERE
1.      Ligne budgétaire concernée : Chap . 12 art . 120
2.      Base juridique : art . 113 du traité
3.      Intitulé de la ne sure tarifaire : Propositions de règleirents du
        Conseil portant omerture et mode de gestion de contingents
        tarifaires contractuels pour des animaux de certaines races de
        montagne .
4.      Objectif : Ftespecter les engagements de la Corrmunauté .
5.      Mode de calcul    :
        Volunes des contingents      42 600 têtes       5 000 têtes
        Droits à appliquer            4 %               4 %
        Droits normaux               16 % + AGR        16 % + AGR
6.      Pferte de recettes :
        a ) fer te s de droits de douane
            Valeur des 42 600 têtes : 24 587 442 écus
            Valeur des 5 000 têtes : 2 960 1 50 écus
                                         27 547 592 écus
            FSrte   : 12 % =                                    3 305 711 écus
        b ) fferte de prélèvements
            Pbids des 42 600 têtes    : 21 526,206 t
            Fbids des 5 000 têtes     : 2 556,900 t
                                         2 4 083,106 t
            îferte : 17,9 écus/ 100 kg ou 179 écus/ tonne
                      soit 179 écus x 24 083,106 =              4 310 876 écus
                                                                7 616 587 écus
        F&r rapport à la période contingenta ire précédente ( 1938 - 1989 ),
        diminution des pertes de
        11 184 722 écus - 7 616 587 écus = 3 568 135 écus