CELEX: 51994PC0276
Language: en
Date: 1994-06-28
Title: Amended proposal for a COUNCIL REGULATION (EC) opening and providing for the administration of Community tariff quotas for bulls, cows and heifers, other than those intended for slaughter, of certain Alpine and mountain breeds

W?*:-
                       COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                COM(94) 276 final
                                                                Brussels, 28.06.1994
                                                                94/0156 (ACC)
      lie i *jj$
  H«                                          Amended proposal for a
                                              COUNCIL REGULATION (EC)
                             opening and providing for the administration or Community
                            tariff quotas for bulls, cows and heifers, other than those
   iW:~
           * • - • & .     intended for slaughter, of certain Alpine and mountain, Lreeds
                            (presented by the Commission pursuant to Article 189 A (2)
                                                 of the EC-Treaty)
 ---pagebreak---                                  •£
                            EXPLANATORY MEMORANDUM
1.    At the multilateral GATT negotiations, the European Community
      undertook to open certain annual Community quotas including, in the
      agricultural sector, those set out below:
OCT heading          Description of goods          volume          Quota
ex 01.02      Cows and heifers, not intended for
              slaughter, of the following mountain
              breeds; grey, brown, yellow and
              mottled Sinmental breed and Pinzgau
              breed (conditions to be determined
              by the competent authorities of the
              Member State of destination)          20 000 head     6%
ex 01.02      Bulls, cows and heifers, not intended
              for slaughter, of the following breeds;
              mottled Sinmental breed and Schwyz and
              Fribourg breeds. If they are to come
              within the quota, animals of the breeds
               in question must satisfy the following
              requirements:
              -bulls: pedigree
              -female animals: pedigree or certificate
                of registration in herdbook certifying
                purity of breed.                      5 000 head    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.
3.    In an exchange of letters with Austria dated 21 July 1972, the
      Community undertook uni laterally to increase the size of the first
      tariff quota set out above from 20 00 to 30 000 head and to lower the
      quota duty from 6% to 4%. The quota volume was again uni lateral ly
      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.
 ---pagebreak---                               3
4. To take account of the consequences of Austria's accession to the
   Community from 1 January 1995, it would be appropriate to divide the
   volume of 42 600 head into two six-month tranches, that is 21 300
   head until 31.12.1994 (half of the GATT-consolidated annual volume
   plus half of the autonomous annual quantity) and 10 000 head until
   30.6.1995 (half of the consolidated annual volume). The Community
   reserves the right to adapt the quantity of the second tranche in
   accordance with the consequences of a possible renégociation in the
   GATT, which would affect the tariff quota.
5. These quotas were opened most recently by Regulations (EEC) Nos
   1918/93 and 1919/93 of 12 July 1993 (0J No L 174 of 17.7.1993), for
   the period from 1 July 1993 to 30 June 1994.
6. In order to meet community obligations, it is therefore necessary to
   adopt Regulations on the opening and administration of the Community
   tariff quotas, for periods running from 1 July to 31 December 1994
   and 1 January to 30 June 1995 and from 1 July 1994 to 31 December
   1995.
7. As with other Community tariff quotas, the proposal does not provide
   for the quota-volumes to be divided up between Member States but the
   possibility for the Member States to benefit from the latter by means
   of certificates of participation.
8. To respond to the request of certain Member States who, knowing large
   imports of Iiving animals, fearing difficulties in administrât ion as
   well as problems of speculation in this area, it has been Judged
   appropriate to limit the number of non-traditional beneficiaries of
   these quotas to those who can prove to have imported and/or exported,
   in the course of the previous year, at least 20 living animals.
9. To facilitate greater respect for the condition of non-slaughtering,
   it is considered suitable to submit the favourable tariff treatment
   in question to customs supervision of the end-use of these animals.
   This is the purpose of the attached proposal
 ---pagebreak---                                                                                                     4
                                                                           Amended proposal for
                                                                        COUNCIL REGULATION (EC)
                  opening and providing for the administration of Community
                tariff quotas for bulls, cows and heifers, other than those
              intended for slaughter, of cert a m Alpine and mountain breeds
  THK C O U N C I L O F T H I : E U R O P E A N                           UNION                                        Austrio and the consequential new situation,
                                                                                                                        the tariff quota at order n* 09.0001 should be
                                                                                                                       opened in two six-month tranches and the
  Having regard to the Treaty establishing the Fiuropca:.
                                                                                                                       Community should reserve itself the possibility
               C o m m u n i t y , and in particular Article II-
                                                                                                                       of moking the necessary adaptations arising
 thereof.                                                                                                               from the consequences of the enlargement;
                                                                                                                       whereas the obove-flient i oned tariff quotas
 Having regard to the proposal fiom the Commission                                                                      should therefore be opened for the periods
                                                                                                                        '"iicoted below
 Whereas the European Community has undertaken                                                                           Wh'.reas it is, in particular, necessary to
 within the framework of the General Agreement                                                                            ensure equal and continuous access for all
 on Tariffs and Trade (GATT), to open an annuel
                                                                                                                          Community importers to the obovementioned
 Community tariff quota of 5 0 0 0 head at a duty
                                                                                                                          quota, ond the uninterrupted application of the
 of 4 % for bulls, cows and heifers, other than
                                                                                                                          quota duties, to all imports of the animols in
 those intended for slaughter of the mottled
                                                                                                                          question until the quota is exhausted,
 S immental breed and the Schwyz and Fribourg
                                                                                                                        Wherecs the decision for the opening, in the
 breeds, and another annual Community tariff
                                                                                                                         execution of its international obligations, of
 quota of 20 0 0 0 head at a duty of 6 % for cows
                                                                                                                         tori f f quotas should be taken by the Community,
 and heifers, other than those intended for
                                                                                                                        whereas, to ensure the efficiency of a common
 slaughter, of the grey, brown, yellow and
 mottled Simmentol breed and mottled Pintzgau                                                                            administration of these quotas, entitlement
 breed;                                                                                                                  certificates should be granted in such a way as
                                                                                                                         to share the quota volumes in accordance with
 whereas, in an exchange of letters with Auslri >                                                                        •he needs expressed by importers;
 doted 21 July 1972. the Community undertook                                                                                                                              v- doua-., howevei, this m e m o i
 unilaterally to increase the size of the tariff                                                                   <'! . i d i n i n i . n a t i o n r e q u i i e s close c o o p e r a t i o n between tli>
 quota from 20 000 to 30 0 0 0 head and to lower                                                                    Member States and the C o m m i s s i o n and the latter muM
 the quota duty from 6% to 4%; whereas,                                                                             in p . m i . n l . u l>e able to m o n i t o r the rate at w h i c h                 the
 subsequently, this quota was increased                                                                            .-jij.ii.T- A\r used u p a n d i n f o r m the M e m b e r States accor
 unilaterally to 38 000 heod; whereos according                                                                    dmglv .
 to the Agreement in the form of an exchange of
                                                                                                                    Whereas, sun e the K i n g d o m ol B e l g i u m , the K i n g d o m of
  letters between the European Community and the
 Republic of Austrio concerning agriculture of                                                                      &,r      N e i l x - t l . m d s a n d the G r s n d D u c h y of            Luxembourg
  14 July 1986. which was approved by Decision                                                                      aie u n i t e d w i t h i n a n d j o i n t l y represented by the Benelux
   86/555/EECv 1 ), the volume of this tariff quota                                                                  Kimomu                 U n i o n , any measure c o n c e r n i n g the a d m i m s
  was raised to 42 600 head as from 1 July 1986;                                                                    ;i.-.:;.m i>( tin- q u a n t i t i e s levied bv that e c o n o m i c              union
                                                                                                                     ni.-y be i.'iru-.i out                       by any one o'. it:        members,
 whereas the'imported animals should be subject                                                                        HAS ADOPTED T H I S REGULATION
  to a control t h o t t h e y ore not slaughterer for
  a certain period; whereas Council Régulât!                                                                                                                   Art i c l e 1
   (EEC) N* 2913/92^2) provides, in its Article
                                                                                                                           For the f o l l o w i n g p e r i o d s the duty a p p l i -
  82. for customs supervision of goods put into                                                           • •
  free circulation at a reduced rate of duty on"                                                                              v.-.bi. to the i m p o r t i n t o the C o m m u n i t y of the a n i m a l '
  account of their end—use; whereas with o view                                                                               designated hereafter shall be suspended at the levé: ano
  to the prospect of Community accession by                                                                                   w i t h m the l i m i t s of the C o m m u n i t y tariff quotaSinduatec
                      <'*«'       c<vlr                                                                                                                                       OU.VJ
   Ordei N o
                     -(3)-
                                                                                                                                                                    21 300 head from
    09 0001      ex   0102 90 OS                 (..ou/s and heifers >th.-! il                                          .•i-l-.i I.            u | ; l u e i . of
                 ex    0102 90 29                the following moont..iii                                                   !•.:•>«• r..    \<-il.>v.        and
                                                                                                                                                                     1.7.-31 12.94                  4%
                 ex    0102 90 4^                m o l d e d Sinimeiu.il *>ree.                     l!!''  I"!!'>:il       I'ltu.-.V;: t . i . r . j           (rl)
                 ex    0102 90 sv                                                                                                                                   : 1o 0 0 0 head from
                 ex    (1102 **0 <>*'                                                                                                                               •1.1 - 3 0 . 6 . 9 5 ( b )
    QQ 000 \     ex 0102 90 OS                   H u l l s , t OU.S JIH) h . i l ' - r .                              ,    li,.>•.'•' ;:,"-.,•iY,1             (.•„ ,
                 ex 0102 90 29                   s i d u g l l l e i . o l (lie f o l l . i u i n t                    (i!ei Si!--.Mi--!ii..| infrr| i 5 0 0 0 h e a d f r o m
                 ex 0102 " 0 -J'' I .111.1 (lie S< !ivi\•; .)[. : i•! ;i                                                  («•I )                                     i 1 . 7 .94-30.6.95
                   r
                                               i
                 f« Old?.''!! S<J !
                 <•* 0102 ''o <-'' j
                 .•.   I l I . I . ' 'Jfl •'•) I
   (1)       CJ n" L 328 of 22.11.1986. p.
   (2)       OJ n' L 30? of 19.10.1992. p
   (3) Taric codes in Annex II
(a) The control of this particular end-use is                                                                      (b) The Community reserves the right to adopt
carried out by application of the relevant                                                                         this quantity as o consequence of enlargement
Community provisions
 ---pagebreak---                                                                                            3"~
          ?•• !"«' «I«c pu.poses of (his R e g u l a t i o n , the a m m a l s
          referred to , „ paragraph I shall be c o n s i d e r e d not                             2 . The f i r s t p a r t s h a l l be a s s i g n e d t o t h e
          i n t e n d e d for slaughter if they are n o . s l a u g h t e r e d w „ h m            various importers pro rata, in p r o p o r t i o n to
          four m o n t h s of the date o f t h e acceptance o f t h e e n t r y for                the s c a l e of t h e i r p r e v i o u s i m p o r t s over the
          release for free c i r c u l a t i o n                                                   t h r e e y e a r s under c o n s i d e r a t i o n o r t o t h e
                                                                                                   q u a n t i t i e s a p p l i e d f o r i f t h e y are l e s s t h a n
          Derogations m a y . however, be g r a n t e d               m     t h e event of         p r e v i o u s i m p o r t s w h i l e t h e s e c o n d p a r t s h a l l be
         Jorce majeure         duly    attested by a local a u t h o r i t y certificate           assigned to a p p l i c a n t s p r o r a t a , in p r o p o r t i o n
         setting out t h e reasons for t h e s l a u g h t e r .                                   t o t h e e n t i t l e m e n t o p p l i e d f o r by t h e
                                                                                                    i m p o r t e r s . In the l a t t e r case:
    3. E l i g i b i l i t y    for benefit           of  the t a r i f f      quota           (a) applications for quantities greater t h a n 5 0 head shall
                                                                                                      be automatically reduced t o that n u m b e r ;
    at    o r d e r N* 0 9 . 0 0 0 3      is subject       to the
    p r e s e n t o t ion of :                                                                 (b) applications w h i c h w o u l d give rise t o a c e r t i f i c a t e of
                                                                                                      participation covering 2 q u a n t i t y of less t h a n       1 5 head
                                                                                                      shall not be taken i n t o account ;
 — i n the case of bulls ; a pedigree c e r t i f i c a t e ,
                                                                                               (c) quantities w h i c h have not been assigned, o w i n g t o t h e
 — i n the case of female a n i m a l s . a pedigree c e r t i f i c a t e or                         minimum           *î5 head l i m i t a i . o n shall be assigned b y
        certificate of registration i n t h e h c r d b o o k , c e r t i f y i n g                   drawing lois ( w i t h a l-,..;urc of 1 5             head).
        p u r i t y of breed.
                                                                                                3.       A n y quantities of one ol the parts of t h e tariff quota
                                                                                                referred to in paragraph I not a p p l i e d for s h a l l be auto-
                               Article ?                                                        matically transferred to r               • other      part.
1.    The q u o t a v o l u m e s      referred        to  in A r t i c l e     1
Paragraphe             1 shall     be f u r t h e r    divided    i n t o two
                                                                                                                                    Article 3
parts,         o f 8 0 % a n d 20 7, e o c h ;
 The f i r s t         part   of   t h e volume of         21 3 0 0 head                    Applications to import under each part of the
                                                                                            tariff quotas, accompanied, where appropriate,
 ( o r d e r n* 0 9 . 0 0 0 1 ) .      i . e . 1 7 CKO h e a d ,    and 5 000               by the document of previous entry for release
 head ( o r d e r         n* 0 9 . 0 0 0 3 ) .  i . e . 4 000 head,            shall        for free circulation as proof of previous
                                                                                            imports which shall be cancelled by the said
 be r e s e r v e d f o r i m p o r t e r s who a r e a b l e          to                   authorities after being submitted as proof
 furnish proof              of having          imported animals            under            shall be made to the competent authorities in
                                                                                            the Member States, in accordance with the
 the p r e s e n t        quota d u r i n g     the previous          three                 procedures laid down and the deadline set by
 years.                                                                                     those authorities.
                                                                                            A single request can be deposited by an
 The second p a r t o f t h t volumes o f 2 1 3 0 0 head                                    interested party, this must only be on one or
 and 10 0 0 0 h e a d , t h a t I s , 4 2 6 0 head f o r t h e                              other of the parts of a single tariff quota.
  f i r s t six-month p e r i o d , r e s p e c t i v e l y , reserved                      These authorities shall                                 trarrsmit to the
  t o t h o s e i m p o r t e r s who can p r o v e t o have                                Commission, not later than 31 July 1994, the
  imported, in the course of the previous y e a r ,                                         data thus collected, and in particular:
 a t l e a s t 15 l i v i n g a n i m a l s o f t h e b o v i n e race
 r e l a t i n g t o CN code 0 1 0 2 and w h i c h a r e w r i t t e n                      -           the number of applicants and the number
  i n a p u b l i c r e g i s t e r o f a Member S t a t e .                                           of head applied for by each category of
                                                                                                        importer,
                                                                                            -           the average of previous imports furnished
                                                                                                       by each applicant in respect of the
                                                                                                       quantities reserved for established
                                                                                                        importers.
                                                                                            2.         The Commission shall notify the Member
                                                                                            States, by 6 August 1994 or by 6 February 1995
                                                                                            of the quantities to be assigned to each
                                                                                            applicant, in the form, where necessary, of a
                                                                                            percentage of the amount originally applied
                                                                                            for, or of that applicant's previous imports.
                                                                                            3.         On the basis of the data referred to in
                                                                                            paragraphe 2. Member States shall issue
                                                                                            applicants with certificates specifying the
                                                                                            number of head to which they are entitled. The
                                                                                            period of validity of the certificates may not
                                                                                            go beyond 31 December 1994 or 30 June 1995
                                                                                            depending on the case.
 ---pagebreak---                                                                  G
  The entitlement certificates, a model of which is annexed                                     Article 4
  to this Regulation, shall be issued upon provision of a
  security of ECU 20 per head, which shall be released qncc
                                                                    1. Member States shall take all measures necessary to
  the certificates have been returned, complete with the
                                                                    ensure that access to the tariff quota in question is
  customs stamps acknowledging the import of the animals,
  to the issuing authority.                                         restricted to cattle as specified in Article 1
                                                                    2. They shall ensure importers equal and continuous
  An entitlement certificate shall not be transferable and          access to the tariff quota in question.
  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.                3.     Depletion of the said quota shall be measured on
                                                                    the basis of imports submitted for customs clearance
                                                                    under cover of entries for release for free circulation.
  The rules laid down in Commission Regulation (EEC) No
  3719/88 of 16 November 1988 laying down common                                                 Article 5
  detailed rules for the application of the system of import
  and export licences and advance fixing certificates for            Member States and the Commission shall cooperate
  agricultural products ('), as last amended by Regulation          closely to ensure that the provisions of this Regulation arc
 (EEC) n« 3519/93(2). for the release of the                         observed.
 security for
 the import certificates or its conversion into revenue shall                                     Article 6
 apply to the security referred to in the second subpara-
 graph.                                                              This Regulation shall enter into force on the third day
                                                                     following its publication in the Official Journal of the
      4. Quantities which have not been the subiect of the            European Communities.
      issue of entitlement c e r t i f i c a t e s by 31 October
      1994 or by 31 March 1995 shall be                              It shall apply with effect Iron» I July 1994.
      finally reassigned under the procedure described in the
      foregoing paragraphs to importers who have applied for
      certificates in respect of their whole entitlements.
 To this end. Member States shall notify the Commission
 by 10 November 1994 or by 10 Apr il 1995 of the
 quantities which have not been
   the subject of the issue of entitlement certificates by 31
   March 199 5 and furnish the data specified in the third
   subparagraph of paragraph 1. The Commission shall set
   the new percentages for entitlements in each category and
    shall transmit them by not later than 15
   November 1994 or by 15 April 1995 to the
 Member States, which shall then issue the entitlement
certificates to the applicants under the conditions set out
in paragraph 3, with a period of validity not extending
       beyond 31 December 1994 or 30 June 1995
       depending on the case
     (') OJ No L 331. 2. 12. 1988. p I
    ( 2 ) OJ No L 320, 2 2 . 1 2 . 1 9 9 g . p. 16
                   This Regulation shall be bind.ng .n us entirety and directly apphcablc ,n all Membe,
                   States.
                    Done at Brussels,
                                                                              l-Ol  tin  I'.OUUill
                                                                                 Vu- Vu-"ti< nt
 ---pagebreak---                                                                                  ,       *                                                             ANNEX 1
ê^EÙR'ÔPJ^^
     ENTITLEMENT CERTIFICATE No'
     COMMUNITY TARIFF QUOTAS FOR
           Cows and heifers other than those intended for slaughter of certain mountain breeds
    .— Bu!ls< cows and heifers other than those intended for slaughter of certain Alpine breeds
     1. Holder (Namo. complete address and Member State)                               2. Issuing authority
                                                                                       3 This certificate is valid until and including     day   month  year
     NOTES
     A This certificate is valid in all Member States of the Community
     B. This certificate most be attached to the entry for release for free
           circulation, and the entry must itself be drawn up in the name of              Place and date of issue
           the holder's of this certificate.
     C.-The customs office concerned should write off the quantities
         ;'released for free circulation and return this certificate to the holder
                                                                                           Signature and stamp of issuing authority
         tor the holders representative.
     O..The holder must return this certificate to the issuing authority to
         'obtain release of the guarantee.
     4. Description of animals                                                                                              5 CN code
                                                                                                                            6 Number of head in figures
     7. Number of head in words
     8. WRITING OFF BY CUSTOMS OFFICES (in column 9. indicate in part 1 the quantity available, and in part 2 the quantity written off)
     9. Number of head             10. Number of head in words for the         11. Number and date of acceptance            12. Name. Member State,
           in figures                    quantity wrinen off                       of the entry for release for free            signature and stamp
                                                                                   circulation                                  of the customs office
      1.
                                                                                                                                               -
      2.
      1.
      2.
      1.
                                    •  , - : • :
      2.
 ---pagebreak---                         8
                 ANNEX    II
                Tarie codes
      Order No    CN code       Tarie code
09.0001        ex 0102 90 05 0102 90 05*20
                                          •40
               ex 010290 29  010290 29*20
                                          *40
               ex 010290 49  01029049*20
                                         *40
               ex 010290 59  010290 59*11
                                         •19
                                         *31
                                         •39
               ex 0102 90 69 01029069*10
                                         •30
09.0003        ex 0102 90 05 01029005*30
                                         *40
                                         *50
               ex 0102 90 29  0102 90 29*30
                                         *40
                                         *50
               ex 0102 90 49 010290 49*30
                                         '40
                                         '50
               ex 0102 90 59 0102 90 59*21
                                         *29
                                         *31
                                         *39
               ex 0102 90 69  0102 90 69*20
                                         *30
               ex 0102 90 79 010290 79*21
                                        *29
 ---pagebreak---                                        ï
FINANCIAL RECORD
1.    Budget line concerned : Chap. 12 Art. 120
2.    Legal basis : Art. 113 of the Treaty
3.    Title of the tariff measure concerned : Amended proposal for a
      Council Regulation opening and providing for the administration of
      Community tariff quotas for bulls, cows and heifers, other than those
       intended for slaughter, of certain Alpine and mountain breeds
4.    Object ive : Fulfilment of contractual obiigations of the Community
5.    Method   of calculation :
      21 300   heads at reduced duty of 4%
      10 000   heads at reduced duty of 6%
        5 000  heads at reduced duty of 4%
      Normal duties: 16% + AGR
6.    Duty-loss :
      a) Customs duty losses
           Value of the 31 300 head:   24.129.481 ECU
           Value of the 5 000 head:     4.352.250 ECU
                                       28.481.731 ECU
      Loss: 12% (1st six months)        1.970.445 ECU
      Loss: 10% (2nd six months)          777.091 ECU
                                        2.747.536 ECU
      b)   Levy losses
           Weight of the 31 300 head: 15.180 T
           Weight of the 5 000 head: 2.425 T
                                       17.615 T
      Loss: 13,143 ECU/100 kg
              i.e. 131,433 ECU X 17.615 T -            2.315.192 ECU
                                                       5.062.728 ECU
      Cost of the operation (period 93/94): 7.352.788 ECU
      Cost of the operation (period 94/95): 7.497.423 ECU
Amended proposal: increase,of 2.434.695 ECU in receipts, compared with the
initial proposal.
 ---pagebreak---                                    As>
                                                                    ISSN 0254-1475
                                                              COM(94) 276 final
                                                      DOCUMENTS
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                                                             ISBN 92-77-71272-4
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