CELEX: 51987PC0102
Language: en
Date: 1987-03-16
Title: Proposal for a COUNCIL REGULATION (EEC) on the opening, allocating and providing for the administration of the Community Tariff quota of 42 600 head of heifers and cows, other than those intended for slaughter, of certain mountain breeds falling within subheading ex 01.02 A II of the Common Customs Tariff#Proposal for a COUNCIL REGULATION (EEC) on the opening, allocating and providing for the administration of the Community Tariff quota of 5 000 head of bulls, cows and heifers, other than those intended for slaughter, of certain Alpine breeds falling within subheading ex 01.02 A II of the Common Customs Tariff#(presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 102
Vol. 1987/0046
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
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Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444    vom   13.   März   2015   über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(87 ) 102 final
                                                Brussels , 16 March 1987
                                Proposal for a
                           COUNCIL REGULATION ( EEC )
 on the opening , allocating and providing for the administration of the
  Community Tariff quota of 42 600 head of heifers and cows , other than
         those intended for slaughter , of certain mountain breeds
              falling within subheading ex 01.02 A II of the
                            Common Customs Tariff
                                Proposal for a
                           COUNCIL REGULATION ( EEC )
 on the opening , allocating and providing for the administration of the
    Community Tariff quota of 5 000 head of bulls , cows and heifers ,
    other than those intended for slaughter , of certain Alpine breeds
              falling within subheading ex 01.02 A II of the
                            Common Customs Tariff
                                                       /
                       ( presented by the Commission )
 C0M(87 ) 102 final
 ---pagebreak---                                       н
                      EXPLANATORY MEMORANDUM
At the last multilateral GATT negotiations , the European Economic
Community undertook to open certain annual Community quotas
including , in the agricultural sector , those set out below :
CCT
heading       Description of goods                  Quota       Quota
No                                                  volume      volume
ex 01.02 A    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 head 6 %
ex 01.02 A    Bulls, cows and heifers , not in­
              tended for slaughter , of the
              following Alpine breeds : mottled
              Simmental breed and Schwyz and
              Fribourg breeds . If they are to
              come within the quota, animals of the
              breeds in question must satisfy the
              following requirements :
              - bulls : pedigree
              - female animals s pedigree or
                certificate of registration in
                herdbook certifying purity of
                breed                                5 000 head 4 %
 ---pagebreak---                                   - 2 -
2
2. In respect to requests from the Swiss and Austrian authorities , the
   tariff quotas in question have been open since 1 July 1970 and
   cover the period from l July in each year to 30 June in the
   following year . These quotas were last opened by Regulations ( EEC )
   Nos . 1726 and 1727 /86 of 26 May 1986 ( 0J No L 150 of 4 June 1986 )
   for the period from 1 July 1986 to 30 June 1987 .
3. In an exchange of letters with Austria dated 21 July 1972 , the
   Community undertook to increase , unilaterally , the size of the
   first tariff quota set out above from 20 000 to 30 000 head and to
   lower the quota duty from 6 % to 4 % . Moreover , the quotas' volumes
   were unilaterally increased up to 38 000 head from the end of 1977 .
   Further , according to 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 ( 0J No . L 328 of 22 November 1986 p.
   57 ), the volume of this tariff quota was raised to 42 600 head .
4. In order to meet Community obligations , it is therefore necessary
   to adopt Regulations on the opening , allocation and administration
   of the Community tariff quotas , for the period from 1 July 1987 to
   30 June 1988 , in relation to the quantities of 38 000 and 5 000
   head .
   This is the object of the proposals annexed hereto .
5. As regards the allocation of the tariff quotas and in particular
   the fixing of initial shares , it should be noted that , as in the
   case of previous quota periods , this has been largely on the
   estimates of requirements by the Member States , since separate and
   complete statistical data are not available .
   The proposal for a Regulation submitted to the Council concerning
   the first tariff quota of 42 600 head of cattle set out above
   provides for the fixing of a first part to be allocated
   proportionally to the estimated requirements of certain Member
   States namely the Benelux countries , Germany , Greece , Spain ,
   France , Ireland , Italy and the United Kingdom . The remainder
   constitutes a Community reserve which may be drawn up on not only
   by the above mentioned Member States , but also , by the other Member
   States
 ---pagebreak---                                    3
6.  The proposed method of administration of the second tariff quota of
   5 000 head of cattle set out above differs from that proposed under
   para . 5 above only inasmuch as the first part is over 80 % of the
   quota , so as to take into account both of the large quantities
   which can be expected to be drawn against the initial Italian share
   forthwith and the need to cover any needs which may arise in the
   other Member States .
7. The interpretation to be given to the phrase " not intended for
   slaughter " has been the subject of an exchange of views since 1974 .
   It had been apparent from those discussions that , in the case of
   animals whose importation was subject to submission of a breeding
   certificate ( certificate of pedigree or of registration in the
   herdbook ), checking the purpose for which the animals are in fact
   used would be pointless in view , in particular , of the high price
   of such animals . Assuming that such a certificate i3 not required ,
   a period of 4 months from the day of importation would appear the
   minimum period after which imported animals could be considered not
   to be intended for slaughter .
   This solution was adopted by the Council as an experiment for the
   period from l 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 control
   measures on the non slaughter of animals imported with the
   abo vementioned breeding certificate under the second quota of 5 000
   head .
8. The table which follows lists the actual utilisation of the quotas
   in question over the last three quota periods s
 ---pagebreak---                                                   4
 a ) Quota for 4 2 600 hear) at 4 %
 Member        Period      :    Period      :       Period      :       Period       :
 States        1.7.1982      to 1.7.1983       to   1 . 7 . 1984     to 1.7.1985        t
               30 . 6 . 1983    30 . 6 . 1984       30 . 6 . 1985       30 . 6 . 1986
                                                                        ( situation
                                                                        to    31 . 12 . 19 85
Benelux                  33                0                       3             15
Denmark                    0               0                      0                0
Germany           22    323        22    374              19  627          8   40 8
Greece              1   560          1   326                2 245           1  230
Prance                  334              168                  184              213
 Ireland                  0                0                      0                0
 Italy            1 1   220        10    473              13  745          9   9 54
United Kingdom            0                0                      0                0
                  35    470        34    341              35  804         19   820
b ) Quota for 5 000 head at 4 % :
Benelux                   0                   0                   l                0
Denmark                   0                   0                   0                0
Germany             1   124              1 559              1 342              419
Greece                    0                   0                   0               0
F rance                   0                   l                   0               0
I re land                 0                   0                   0               0
Italy               1   587              1 223              3 548              936
United Kingdom            0                   0                   0               0
                   2   711              2  783             4  891          1   355
 ---pagebreak---                                                            $
                                                      Proposai for a
                                    COUNCIL REGULATION (EEC)
                 opening, allocating and providing for the administration of a Community tariff
                 quota of 42 600head of heifers and cows, other than those intended for slaughter,
                 of certain mountain breeds, falling within subheading ex 01.02 A II 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 43 and
 113 thereof,
Having regard to the Act of Accession of Spain and
Portugal,
                                                              Whereas it is in particular necessary to ensure equal and
Having regard to the proposal from the Commission ,           continuous access for all Community importers to the
                                                             abovementioned quota, and the uninterrupted application
Having regard to the opinion of the European                 of the quota duties, to all imports of the animals in ques­
Parliament     ,                                              tion until the quota is exhausted ; whereas, having regard
                                                             to the principles defined above, the Community nature of
Whereas the European Economic Community undertook,           the quota can be respected by allocating the Community
within the framework of GATT, to open an annual              tariff quota among the Member States ; whereas possibili­
Community tariff quota of 20 000 head at a duty of 6 %       ties for the use of such mountain breeds are, however,
for heifers and cows, other than those intended for          limited by special factors, both geographical and zootech-
slaughter, of certain mountain breeds, falling within        nical ; whereas      certain Member States
subheading ex 01.02 A II of the Common Customs
Tariff ; whereas eligibility for such quota is subject to                                do not have regions suitable
conditions to be determined by the competent authorities     for breeding this kind of cattle ; whereas, however, in view
of the Member State of destination ; whereas, in an          of such special factors, the Community nature of the tariff
exchange of letters with Austria dated 21 July 1972, the     quota in question should be preserved by making provi- ■
Community undertook unilaterally to increase the size of     sion for requirements which may arise in these I'lember
the tariff quota from 20 000 to 30 000 head and to lower     States ; whereas, to this end, these I'lember States
the quota duty from 6 to 4 % ; whereas, subsequently, this   proceed to draw adequate shares from the Community
quota was increased unilaterally to38 000 head ;             reserve which has been set up ; whereas, in order to reflect
                                                             as closely as possible the actual trend of the market in
    Whereas according to the exchange of letters             question, the initial allocation must be made in propor­
    dated 14 July 1986, which were adopted by the            tion to the requirements of each of the Member States
     Council 's Decision of 15 September 1986 (1 )           concerned, calculated in accordance with statistical data
     the volume of this tariff quota was raised              concerning imports from third countries during a repre­
     to 42 600 head as from 1 July 198^;                     sentative reference period and with economic prospects
                                                             for the quota period in question ;
                                                 whereas
                                                             Whereas, since the animals in question belong to certain
 the abovementioned tariff quota for the period 1 July       specific breeds which are not specified as such in the
 198 ? to 30 June 198 8 should therefore be opened at a      statistical nomenclatures of the Member States, no data on
 duty of 4 % in relation to a quantity of 42 600 head ;      imports provided by the Member States could be consi­
                                                             dered to be sufficiently accurate and representative to be
                                                             used as a basis for the allocation in question ; whereas the
       (1 ) 0J No L 328, 22.11.1986, p. 57                   extent to which Community tariff quotas for those
 ---pagebreak---                                                           <o
                                                                     tration of the shares allocated to that economic union
                                                                     may be carried out by any one of its members,
animals in the Community have been exhausted and the
estimates made by certain Member States enable the                   HAS ADOPTED THIS REGULATION :
requirements of each of them as regards imports from
third countries for the quota period envisaged to be
assessed as follows :                                                                            Article 1
                                                                     1.      During the period 1 July 1987 to 30 June 198& a
         Germany                         20 000 head                 Community tariff quota of 42 600head shall be opened
         Greece                            3 000 head               within the European Economic Community in respect of
         France                            1 800 head                imports from third countries of cows and heifers, other
         Italy                            16 000 head               than those intended for slaughter, of the following moun­
                                                                    tain breeds ; grey, brown, yellow and mottled Simmental
whereas in the absence of precise information, the needs            breed and mottled Pinzgau breed, falling within sub­
                                                                     heading ex 01.02 A II of the Common Customs Tariff.
of the Benelux countries, the United Kingdom, Ireland
and Spain may be assessed at 100, 50, 50 and 100 head               2.       For the purposes of this Regulation, the abovemen-
respectively ;                                                      tioned cows and heifers shall be considered not intended
                                                                    for slaughter if they are not slaughtered within four
                                                                    months following the date of their importation .
Whereas, in order to take into account the possible trend
of imports of the aforementioned animals into the said               Derogations may, however, be granted in the event of an
Member States, the quota amount of 42 600 head should               act of God duly attested by a local authority certificate
be divided into two parts, the first being allocated among          setting out the reasons for the slaughter.
certain Member States, the second forming a reserve
intended subsequently to cover the requirements of those            3 . The said quota shall be administered in accordance
Member States when their initial shares are exhausted and           with the following Articles.
requirements which may arise within other Member
States ; whereas, in order to ensure a certain degree of
                                                                                                 Artide 2
security for importers in the aforementioned Member
States, the first part of the Community quota should be             Within the framework of the quota referred to in Article
determined at a level which, under the present circum­               1 ( 1 ), the Common Customs Tariff duty for the animals
stances, may be approximately 76% of the quota                      referred to in the said paragraph shall be suspended at
amount ;                                                            4% .
                                                                   Within the Limits of this tariff quota, the
                                                                   Kingdom of Spain and the Portuguese Republic
Whereas, the initial shares of those Member States may be          shall apply customs duties calculated in
used up more or less rapidly ; whereas, in order to take           accordance with the relevant provisions in the Act
                                                                   of Accession .
this fact into account and avoid any break in continuity, it
is important that that Member State having used up                                               Artide 3
almost the whole of its initial share should draw an addi­
tional share from the reserve ; whereas this must be done
                                                                    1.       A first part of 32 500 head shall be allocated among
by each of these Member States as and when each of its              the Member States listed below. The shares shall apply
additional shares is almost entirely used up, and repeated          from 1 July 1987 to 30 June 1988 subject to Article 7,
as many times as the reserve allows ; whereas the initial           and shall be as follows :
and additional shares must be available until the end of
the quota period ; whereas such method of administration                       Benelux                             100 head
calls for close cooperation between Member States and                          Germany                         1 6 000 head
the Commission , which latter must, in particular, be able                     Greece                            26 00 head
to observe the extent to which the quota amounts are                           Spain                               100 head
used and inform Member States thereof ;                                        France                            1 600 head
                                                                               Ireland                              50 head
                                                                               Italy                           12 000 head
                                                                               United Kingdom                       50 head
Whereas if, at a specified date within the quota period, a
considerable balance of the initial share of one or other of
the Member States is left over, it is essential that that State     2.       The second part of.-         head shall be held as a
should return a considerable part of such balance to the            Community reserve .
reserve in order that part of the Community tariff quota
should not remain unused in one Member State while it                                            Article 4
could be used in others ;
                                                                    If an importer notifies an imminent importation of the
                                                                   animals in question in a Merrfcer State mt participat-
Whereas, since the Kingdom of Belgium , the Kingdom of          ing in the initial allocation and requests the benefit
the Netherlands and the Grand Duchy of Luxembourg                 of the quota, the Member State concerned shall inform
are united within and jointly represented by the Benelux          the Commission and draw an amount corresponding to
Economic Union , any measure concerning the adminis-              these requirements to the extent that the available balance
                                                                  of the reserve permits this .
 ---pagebreak---                              Article 3                                                   Article 8
1.     If 90 % or more of the initial quota share of one of   The Commission shall keep accounts of the amounts of
the Member States referred to in Article 3 , or of that share the shares opened by Member States in accordance with
less the amount returned to the reserve, where Article 7      Articles 3, 4 and 5 and shall inform each of them of the
                                                              extent to which the reserve has been exhausted as soon as
has been applied, has been used up, that Member State
                                                              it receives the notifications.
shall immediately, by notifying the Commission, draw a
second share in so far as the reserve permits, equal to
10 % of its initial share, rounded off upwards, if neces­     The Commission shall , not later than 5 March 1988
sary, to the next unit.                                       notify Member States of the amount in the reserve after
                                                              the return of shares pursuant to Article 7.
2.     If, after the initial share has been exhausted, 90 %   The Commission shall ensure that any drawing which
or more of the second share drawn by one of these             exhausts the reserve is limited to the balance available
Member States has been used up, that Member State shall ,     and , to this end , shall specify the amount thereof to the
in accordance with paragraph 1 , immediately draw a third     Member State making the last drawing.
share equal to .5 % of its initial share, rounded off
upwards, if necessary, to the next unit.
                                                                                         Article 9
3 . If, after the second share has been exhausted, 90 %
or more of the third share drawn by one of these Member       Member States shall take all measures necessary to ensure
States has been used up, that Member State shall, in          that when additional shares are drawn pursuant to Articles
accordance with paragraph 1 , draw a fourth share equal to    4 or 5 it is possible for imports to be counted without
the third.                                                    interruption against their accumulated shares of the
                                                              Community quota.
The same method shall be applied until the reserve is
exhausted .
                                                                                        Article 10
4. By way of derogation from paragraphs 1 , 2 and 3,          1.    Member States shall take all measures necessary to
each of these Member States may draw shares lower than        ensure that access to the tariff quota in question is
those fixed in these paragraphs if there are reasons to       restricted to cattle as specified in Article 1 ( 1 ) and (2).
consider that such shares might not be exhausted. They
shall inform the Commission of the grounds which led          2.    They shall ensure free access to the shares allocated
them to apply this paragraph .                                to them for importers .
                                                              3.    The extent to which the shares of the Member States
                             Article 6                        have been used up shall be recorded on the basis of
                                                              imports submitted for customs clearance under cover of
                                                              declarations that they have been made available for free
The additional shares drawn in pursuance of Article 5         circulation .
shall apply until 30 June 198$
                                                              4. Where import documents are used for the
                                                              administration of the quota, they shall be sent to the
                             Article 7                        issuing body as soon as possible and at all events on their
                                                              expiry.
 Member States shall return to the reserve, not later than 1
 March 1988, the unused portion of their initial share in                               Article 11
 excess, on 15 February 1988. of 5 % of the initial amount.
 They may return a larger quantity if there are reasons to    On request by the Commission, Member States shall
 consider that such quantity may not be used.                 inform it of imports actually charged against their shares.
 However, amounts for which import certificates have
 been issued but not used shall not be returned to the                                  Article 12
 reserve .
                                                              Member States and the Commission shall cooperate
 The Member States shall, not later than 1 March 1988         closely to ensure that the provisions of this Regulation are
 notify the Commission of the total imports of the animals    observed .
 in question effected, up to 15 February 198$ inclusive,
 and charged against the tariff quota, the amounts referred                              Article 13
 to in the second subparagraph and, where appropriate the
  proportion of their initial share that they return to the
  reserve .                                                   This Regulation shall enter into force on 1 July 1987.
 ---pagebreak--- This Regulation shall be binding in its entirety and directly applicable in all Member
States .
Done at Brussels,
                                                         For the Council
                                                           The President
 ---pagebreak---                                      COUNCIL REGULATION ( EEC)
                   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 of the
                                                 Common Customs Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        tion until the quota is exhausted ; whereas, having regard
                                                                to the principles defined above , the Community nature of
Having regard to the Treaty establishing the European           the quota can be respected by allocating the Community
Economic Community, and in particular Articles 43 and           tariff quota among the Member States ; whereas possibili­
 1 1 3 thereof,                                                 ties for the use of such mountain breeds are, however,
                                                                limited by special factors, both geographical and zootech-
Having regard to the Act of Accession of Spain and              nical i whereas cert a -j n Member States do
Portugal,
                                                                 not have regions suitable for breeding this kind of cattle ;
Having regard to the proposal from the Commission       ,        whereas, however, in view of such special factors, the
                                                                 Community nature of the tariff quota in question should
                                                                 be preserved by making provision for requirements which
Having      regard   to the   opinion   of   the   European      may arise in these Member States ; whereas, to this end,
Parliament      ,
                                                                 these Member States may proceed to draw adequate shares
                                                                 from the Community reserve which has been set up ;
Whereas the European Economic Community undertook,              whereas, in order to reflect as closely as possible the
within the framework of GATT, to open an annual                 actual trend of the market in question, the initial alloca­
Community tariff quota of 5 000 head at a duty of 4 %            tion must be made in proportion to the requirements of
for bulls, cows and heifers , other than those intended for     each of the Member States concerned , calculated in accor­
slaughter, of certain Alpine breeds, falling within sub­        dance with statistical data concerning imports from third
heading ex 01.02 A II of the Common Customs Tariff ;            countries during a representative reference period and
whereas eligibility for such quota is subject to submission     with economic prospects for the quota period in ques­
of the following documents :                                     tion ;
– bulls : a pedigree certificate ,
– female animals : a pedigree certificate of registration       Whereas, since the animals in question belong to certain
      in the herdbook, certifying purity of breed ;             specific breeds which are not specified as such in the
                                                                statistical nomenclatures of the Member States, no data on
Whereas the abovementioned tariff quota for the period 1        imports provided by the Member States could be consi­
July 1987 to 30 June 1988 should, therefore, be opened          dered to be sufficiently accurate and representative to be
at a duty of 4 % ; whereas a check should be carried out        used as a basis for the allocation in question ; whereas the
to ascertain that the imported animals have not been            extent to which Community tariff quotas for those
slaughtered within a certain period in accordance with          animals in the Community have been exhausted and the
Article 1 (3) ;                                                 estimates made by certain Member States enable the
                                                                requirements of each of them as regards imports from
                                                                third countries for the quota period envisaged to be
                                                                assessed as follows :
                                                                         Germany                         1500 head
                                                                         France                             120 head
                                                                         Italy                          3 500 head
                                                                whereas the needs of the United Kingdom, Ireland and
                                                                Spain may, in the absence of precise information, be
                                                                assessed at 75, 25 and 100 head respectively ;
Whereas, it is in particular necessary to ensure equal and      Whereas, in order to take into account the possible trend
continuous access for all Community importers to the            of imports of the aforementioned animals into the said
abovementioned quota, and the uninterrupted application         Member States, the quota amount of 5 000 head should
of the quota duties to all imports of the animals in ques­      be divided into two parts, the first part being allocated
                                                                among certain Member States, the second forming a
                                                                reserve intended subsequently to cover the requirements
                                                                of those Member States when their initial shares are
                                                                exhausted and requirements which may arise within other
 ---pagebreak---                                                                  10
                                                                    for slaughter if they are not slaughtered within four
                                                                    months following the date of their importation .
 Member States ; whereas, in order to ensure a certain
 degree of security for importers in the aforementioned
 Member States, the first part of the Community quota               Derogations may, however, be granted in the event of an
 should be determined at a comparatively high level which           act of God (disease, accident) duly attested by a local
 under the present circumstances may be about 86 % of               authority certificate setting out the reasons for the
 the quota amount ;                                                 slaughter.
Whereas, the initial shares of those Member States may be           4. The said quota shall be administered in accordance
 used up more or less rapidly ; whereas, in order to take           with the following Articles.
 this fact into account and avoid any break in continuity, it
 is important that that Member State having used up
almost the whole of its initial share should draw an addi­
                                                                                              Article 2
tional share from the reserve ; whereas this must be done
 by each of these Member States as and when each of its
additional shares is almost entirely used up, and repeated
as many times as the reserve allows ; whereas the initial           Within the framework of the quota referred to in Article
and additional shares must be available until the end of            1 ( 1 ), the Common Customs Tariff duty for the animals
the quota period ; whereas such method of administration            referred to in the said paragraph shall be suspended at
calls for close cooperation between Member States and               4 %.
the Commission , which latter must, in particular, be able          Within the Limits of this tariff quota, the
to observe the extent to which the quota amounts are                Kingdom of Spain and the Portuguese Republic
used and inform Member States thereof ;                             shall apply customs duties calculated in
                                                                    accordance with the relevant provisions in the Act
                                                                    of Accession .
Whereas if, at a specified date within the quota period, a                                    Artide 3
considerable balance of the initial share of one or other of
the Member States is left over, it is essential that that State
should return a considerable part of such balance to the             1 . A first part of 4 300 head shall be allocated among
reserve in order that part of the Community quota should            the Member States listed below. The shares shall apply
not remain unused in one Member State while it could be             from 1 July 198 7 to 30 June 1988 subject to Article 7,
                                                                    and shall be as follows :
used in others ;
                                                                               Germany                         850  head
Whereas, since the Kingdom of Belgium, the Kingdom of                          Spain                           100  head
the Netherlands and the Grand Duchy of Luxembourg                              France                          100  head
are united within and jointly represented by the Benelux                       Ireland                          25  head
Economic Union, any measure concerning the adminis­                            Italy                         3 150  head
tration of the shares allocated to that economic union
                                                                               United Kingdom                   75  head
may be carried out by any one of its members,
                                                                    2.      The second part of 700 head shall be held as a
                                                                    Community reserve.
HAS ADOPTED THIS REGULATION :
                                                                                              Article 4
                             Article 1
                                                                    If an importer notifies an imminent importation of the
1.     During the period 1 July 198 7 to 30 June 198 § a            animals in question in a Member State not participat­
Community tariff quota of 5 000 head shall be opened                  ing in the initial allocation                and requests
within the European Economic Community in respect of                the benefit of the quota, the Member State concerned
the imports from third countries of bulls, cows and                 shall inform the Commission and draw an amount corres­
heifers, other than those intended for slaughter, of the            ponding to these requirements to the extent that the avai­
following mountain breeds : the mottled Simmental breed             lable balance of the reserve permits this.
and the Schwyz and Fribourg breeds, falling within
subheading ex 01.02 A II of the Common Customs Tariff.
                                                                                              Article 5
2.     Eligibility for this tariff quota shall be subject to the
submission of :
                                                                    1.      If 90 % or more of the initial share of one of the
– in the case of bulls : a pedigree certificate,                    Member States referred to in Article 3, or of that share
– in the case of female animals : a pedigree certificate or         less the amount returned to the reserve, where Article 7
     certificate of registration in the herdbook, certifying        has been applied, has been used up, that Member State
     purity of breed .                                              shall immediately, by notifying the Commission, draw a
                                                                    second share, in so far as the reserve permits equal to
3.     For the purposes of this Regulation, the abovemen-           10 % of its initial share rounded off upwards, if necessary,
tioned cows and heifers shall be considered not intended            to the next unit .
 ---pagebreak---                                      COUNCIL REGULATION ( EEC)
                  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 Common
                                                  breeds, falling within subheading ex 01.02 A II of the
                                                             Customs Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          tion until the quota is exhausted ; whereas, having regard
                                                                  to the principles defined above, the Community nature of
                                                                   the quota can be respected by allocating the Community
Having regard to the Treaty establishing the European              tariff quota among the Member States ; whereas possibili­
Economic Community, and in particular Articles 43 and              ties for the use of such mountain breeds are, however,
1 1 3 thereof,                                                     limited by special factors, both geographical and zootech-
                                                                   mcal ; whereas certain Member States do
Having regard to the Act of Accession of Spain and
Portugal,                                                           not have regions suitable for breeding this kind of cattle ;
                                                                    whereas, however, in view of such special factors, the
Having regard to the proposal from the Commission ,                 Community nature of the tariff quota in question should
                                                                    be preserved by making provision for requirements which
Having regard to the opinion of the European                        may arise in these Member States ; whereas, to this end,
Parliament     ,                                                    these Member States may proceed to draw adequate shares
                                                                    from the Community reserve which has been set up ;
Whereas the European Economic Community undertook,                  whereas, in order to reflect as closely as possible the
within the framework of GATT, to open an annual                     actual trend of the market in question, the initial alloca­
 Community tariff quota of 5 000 head at a duty of 4 %              tion must be made in proportion to the requirements of
 for bulls, cows and heifers, other than those intended for         each of the Member States concerned , calculated in accor­
 slaughter, of certain Alpine breeds, falling within sub­           dance with statistical data concerning imports from third
 heading ex 01.02 A II of the Common Customs Tariff ;               countries during a representative reference period and
 whereas eligibility for such quota is subject to submission        with economic prospects for the quota period in ques­
 of the following documents :                                       tion ;
 – bulls : a pedigree certificate,
                                                                    Whereas, since the animals in question belong to certain
 – female animals : a pedigree certificate of registration
      in the herdbook, certifying purity of breed ;                 specific breeds which are not specified as such in the
                                                                    statistical nomenclatures of the Member States, no data on
                                                                     imports provided by the Member States could be consi­
 Whereas the abovementioned tariff quota for the period 1            dered to be sufficiently accurate and representative to be
 July 198 7 to 30 June 1988 should, therefore, be opened             used as a basis for the allocation in question ; whereas the
  at a duty of 4 % ; whereas a check should be carried out           extent to which Community tariff quotas for those
  to ascertain that the imported animals have not been               animals in the Community have been exhausted and the
  slaughtered within a certain period in accordance with             estimates made by certain Member States enable the
  Article 1 (3) ;                                                    requirements of each of them as regards imports from
                                                                     third countries for the quota period envisaged to be
                                                                     assessed as follows :
                                                                             Germany                           1500 head
                                                                              France                             120 head
                                                                              Italy                           3 500 head
                                                                      whereas the needs of the United Kingdom, Ireland and
                                                                      Spain may, in the absence of precise information, be
                                                                      assessed at 75, 25 and 100 head respectively ;
   Whereas, it is in particular necessary to ensure equal and         Whereas, in order to take into account the possible trend
   continuous access for all Community importers to the               of imports of the aforementioned animals into the said
   abovementioned quota, and the uninterrupted application            Member States, the quota amount of 5 000 head should
   of the quota duties to all imports of the animals in ques­         be divided into two parts, the first part being allocated
                                                                      among certain Member States, the second forming a
                                                                      reserve intended subsequently to cover the requirements
                                                                      of those Member States when their initial shares are
                                                                      exhausted and requirements which may arise within other
 ---pagebreak---                                                                   ÎO
                                                                        for slaughter if they are not slaughtered within four
    Member States ; whereas, in order to ensure a certain               months following the date of their importation.
   degree of security for importers in the aforementioned
   Member States, the first part of the Community quota                 Derogations may, however, be granted in the event of an
   should be determined at a comparatively high level which            act of God (disease, accident) duly attested by a local
   under the present circumstances may be about 86 % of                authority certificate setting out the reasons for the
   the quota amount ;                                                  slaughter.
   Whereas, the initial shares of those Member States may be                   The said quota shall be administered in accordance
   used up more or less rapidly ; whereas, in order to take            with the following Articles.
   this fact into account and avoid any break in continuity, it
   is important that that Member State having used up
   almost the whole of its initial share should draw an addi­
                                                                                                 Article 2
   tional share from the reserve ; whereas this must be done
   by each of these Member States as and when each of its
   additional shares is almost entirely used up, and repeated
  as many times as the reserve allows ; whereas the initial            Within the framework of the quota referred to in Article
  and additional shares must be available until the end of
                                                                       1 ( 1 ), the Common Customs Tariff duty for the animals
  the quota period ; whereas such method of administration             referred to in the said paragraph shall be suspended at
  calls for close cooperation between Member States and                4 %.
  the Commission, which latter must, in particular, be able
  to observe the extent to which the quota amounts are                 Kinodom of Spain arxi the                    Re'p^Lic
  used and inform Member States thereof ;                              shall apply customs duties calculated in
                                                                       accordance
                                                                      of Accession .
                                                                                       with the relevant provisions in the Act
 Whereas if, at a specified date within the quota period, a                                      Article 3
 considerable balance of the initial share of one or other of
  the Member States is left over, it is essential that that State
 should return a considerable part of such balance to the              1 . A first part of 4 300 head shall be allocated among
 reserve in order that part of the Community quota should              the Member States listed below. The shares shall apply
 not remain unused in one Member State while it could be               from 1 July 198 7 to 30 June 1988 subject to Article 7,
                                                                       and shall be as follows :
 used in others ;
                                                                                 Germany                          850  head
 Whereas, since the Kingdom of Belgium, the Kingdom of                           Spain                            100  head
 the Netherlands and the Grand Duchy of Luxembourg                               France                           100  head
 are united within and jointly represented by the Benelux                        Ireland                           25  head
 Economic Union, any measure concerning the adminis­                             Italy                          3 150  head
 tration of the shares allocated to that economic union
                                                                                 United Kingdom                  - 75  head
 may be carried out by any one of its members,
                                                                       2.      The second part of 700 head shall be held as a
                                                                      Community reserve.
 HAS ADOPTED THIS REGULATION :
                                                                                                Article 4
                              Article I
                                                                      If an importer notifies an imminent importation of the
 1.     During the period 1 July 198 7 to 30 June 198 & a
 Community tariff quota of 5 000 head shall be opened                 animals in question in a Member State not participat­
within the European Economic Community in respect of
                                                                        ing in the initial allocat ion                and requests
                                                                      the benefit of the quota, the Member State concerned
the imports from third countries of bulls, cows and                  shall inform the Commission and draw an amount corres­
heifers, other than those intended for slaughter, of the              ponding to these requirements to the extent that the avai­
following mountain breeds : the mottled Simmental breed              lable balance of the reserve permits this.
and the Schwyz and Fribourg breeds, falling within
subheading ex 01.02 A II of the Common Customs Tariff.
2.      Eligibility for this tariff quota shall be subject to the                               Article 5
submission of :
                                                                      1.      If 90 % or more of the initial share of one of the
– in the case of bulls : a pedigree certificate,                     Member States referred to in Article 3, or of that share
– in the case of female animals : a pedigree certificate or          less the amount returned to the reserve, where Article 7
      certificate of registration in the herdbook, certifying        has been applied, has been used up, that Member State
      purity of breed .                                              shall immediately, by notifying the Commission, draw a
                                                                     second share, in so far as the reserve permits equal to
3.      For the purposes of this Regulation , the abovemen-          10 % of its initial share rounded off upwards, if necessary,
tioned cows and heifers shall be considered not intended             to the next unit.
 ---pagebreak---  2.    If, after the initial share has been exhausted, 90 %  extent to which the reserve has been exhausted as soon as
 or more of the second share drawn by one of these           it receives the notification .
 Member States has been used up, that Member State shall,
 in accordance with paragraph 1 , immediately draw a third   The Commission shall, not later than 5 March 1988,
 share equal to 5 % of its initial share, rounded off        notify Member States of the amount in the reserve after
 upwards, if necessary, to the next unit.                    the return of shares pursuant to Article 7.
 3.    If, after the second share has been exhausted , 90 % The Commission shall ensure that any drawing which
 or more of the third share drawn by one of these Member    exhausts the reserve is limited to the balance available
 States has been used up, that Member State shall, in       and, to this end, shall specify the amount thereof to the
 accordance with paragraph 1 , draw a fourth share equal to Member State making the last drawing.
 the third .
The same method shall be applied until the reserve is                                  Article 9
exhausted .
                                                            The Member States shall take all measures necessary to
4.     By way of derogation from paragraphs 1 , 2 and 3 ,   ensure that when additional shares are drawn pursuant to
each of these Member States may draw shares lower than      Articles 4 or 5 it is possible for imports to be counted
those fixed in these paragraphs if there are reasons to     without interruption against their accumulated shares of
                                                            the Community quota .
consider that such shares might not be exhausted. They
shall inform the Commission of the grounds which led
them to apply this paragraph.
                                                                                      Article 10
                                                             1 . Member States shall take all measures necessary to
                            Article 6                       ensure that the access to the tariff quota in question is
                                                            restricted to cattle as specified in Article 1 ( 1 ) and (2).
Additional shares drawn in pursuance of Article 5 shall
apply until 30 June 1988                                    2.    They shall ensure free access to the shares allocated
                                                            to them for importers.
                                                            3.    The extent to which the shares of the Member States
                            Article 7                       have been used up shall be recorded on the basis of
                                                            imports submitted for customs clearance under cover of
                                                            declarations that they have been made available for free
Member States shall return to the reserve, not later than 1 circulation .
March 1 98 § the unused portion of their initial share in
excess, on 15 February 1988, of 5 % of the initial amount.
They may return a larger quantity if there are reasons to   4. Where import documents are used for the
consider that such quantity may not be used .               administration of the quota, they shall be sent to the
                                                            issuing body as soon as possible and at all events on their
                                                            expiry.
However, amounts for which import certificates have
been issued but not used shall not be returned to the
reserve .
                                                                                     Article 11
The Member States shall, not later than 1 March 19^,        On request by the Commission, Member States shall
notify the Commission of the total imports of the animals   inform it of imports actually charged against their shares.
in question effected up to 15 February 1988 inclusive, and
charged against the tariff quota, the amounts referred to
in the second subparagraph and, where appropriate the
                                                                                     Artide 12
proportion of their initial share that they return to the
reserve .
                                                            Member States and the Commission shall cooperate
                                                            closely to ensure that the provisions of this Regulation are
                                                            observed .
                            Article 8
                                                                                     Article 13
The Commission shall keep accounts of the amounts of
the shares opened by Member States in accordance with
Articles 3 , 4 and 5 and shall inform each of them of the   This Regulation shall enter into force on 1 July 198 7
 ---pagebreak---                                          12.
This Regulation shall be binding in its entirety and directly applicable in all Member
States .
Done at Brussels,
                                                         For the Council
                                                           The President