CELEX: 51977PC0032
Language: en
Date: 1977-02-23
Title: Proposal for a COUNCIL REGULATION (EEC) on the opening, allocation and adninistration of the Community tariff quota of 30 000 head of heifers and cows, not intended for slaughter, of certain mountain breeds falling within subheading ex 01 02 A II(b) 2 of the Common Customs Tariff#Proposal for a COUNCIL REGULATION (EEC) on the opening, allocation and administration of the Community tariff quota of 5 000 head of bulls, cows and heifers, not intended for slaughter, of certain Alpine breeds falling within subheading ex 01 02 A II(b) 2 of the Common Customs Tariff#(submitted to the Council by the Commission)

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DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 32
Vol. 1977/0012
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                           COM ( 77 ) 32 final
                                           Brussels , 23 February 1977
                              Proposal for a
                         COUNCIL REGULATION ( EEC )
         on the opening , allocation and adninistration of the
         Community tariff quota of 30 000 head of heifers and          \
         cows , not intended for slaughter , of certain mountain
         breeds falling within subheading ex 01 02 A 11(b ) 2            д
                       of the Common Customs Tariff
                                                       v,"
                                                           -. ..
                                                       \
                                                           /■
                              Proposal for a
                         COUNCIL REGULATION ( EEC )
         on the opening , allocation and administration of the
         Community tariff quota of 5 000 head of bulls , cows
         and heifers , not intended for slaughter , of certain
         Alpine breeds falling within subheading ex 01 02 A 11(b ) 2
                        of the Common Customs Tariff
    \
                  ( submitted to the Council by the Commission )
C0M(77 ) 32 final
 ---pagebreak---                               EXPLANATORY MEMORANDUM
 1 . At the last multilateral GATT negotiations , the European Economic
      Community undertook to oj>en certain annual Community quotas including ,
     in the agricultural sector , those set out below :
        CCT
                                                               Quota             Quota
     heading                      Description of goods
        No
                                                               volume            duty
     ex 01.02 A        Cows and heifers , not intendod for
         II b ) 2      slaughter , of the following moun¬
                      tain breeds : grey , brown , yellow
                      and mottled Simmental breed and
                      Pinzgau breed ( conditions to be
                      determined by the competent
                      authorities of the Member State          20 000            6 %
                      of destination )                          head
     ex 01.02 A       Bulls , cows and heifers , not inten¬
         II b ) 2     ded for slaughter , cf the following
                      Alpine breeds : mottled Simmentdl
                      breed and Schwyz and Fribourg breeds .
                      If they are to come within the quota ,
                      animals of the breeds in question
                      must satisfy the following require¬
                      ments :
                      – bulls : pedigree
                      - female animals : pedrigree or           5 000 • ••       4 %
                         certificate of registration in the     head
                         lierdbook certifying purity of
                         breed
2.
    In response to requests from the Swiss and Austrian authorities , the
    tariff quotas in question have been open since 1 July 1970 and cover
    the period from 1 July in each year to 30 June in the following year . .
    These quotas were last 'opened by Regulations (EEC) Nos 1485/ 76 . and /
     1486/ 76 of 21 June ! 976 (OJ No L 167 of 26 June 1976 ) for the periol
    from 1 July 19?6 to 30 June 19?7 „         ,     . .... ...
                  1 \
                                                                         »/• © «
                       Λ
 ---pagebreak---                                          - 2
 3 • In an exchange of letters with Austria dated 21 July 197<^» the Com¬
      munity 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 % •
 4 . In order to meet Community obligations , it is therefore necessary
      to adopt Regulations on the opening, allocation and administration of             .j
      the Community tariff quotas , for the period from 1 July 197 ^ to             . ■ '!
      30 June 1975 *                 -                                                     •
                                                                     (   • •
      This is the object of the . proposals annexed hereto .
 5 * As regards the allocation of the tariff quotas and , more especially ,
      the fixing of initial shores , it should be noted that , as in the case
      of previous quota periods , this has'been based largely ©n the estimates
      presented by the Member States , since specialized , complete statistical
      date are not available , and has taken into account the . necessity of
      meeting the possible future needs of the new Member States .
     The proposal for a Regulation submitted to the Council concerning the
      first tariff quota of 30 000 head of cattle set out above provides
      for the fixing of a first part to be allocated among proportionally to’
      their* forecast needs among certain Member States among which are the Benelux
      countries , Germany , France , Ireland , Italy and the United
     Kingdom ,        '                     The remainder constitutes ft Community
     reserve vhich may be drawn up on not only by the above-mentioned
     Member States , but also , if necessary ,
     by Denmark . In order to meet any needs which may arise in the'
     latter Member State , the Community reserve , which is usually fixed
     at 30 % of the total quota , has been increased to about 37% . •
6 . The proposed method of administration of the second tariff quota of 5 000 head
     of cattle sot out above diffors from that proposed under para . 5 above
     only inasmuch as the first part constitutes ?0 % of t5ie quota and the
     Community reserve ?0 % of the quota , to take account both of the large
     quantities which can be expected to be drawn against the initial Italian shave
 ---pagebreak---                                   3
     forthwith and the need to cover any needs which may arise in the
    Benelux countries and in Denmark .
                                             \
7.  As regards the tariff duty to be applied , the position is different
     in the Community as originally constituted and in the new Member
    States . For the original Member States the duty is to be fixed
    at 4% .
    As for the new Member States , in pursuance of Article 59 , the national
    tariffs of the new Member States are to be aligned on the Common Customs
    Tariff by annual 20% stages beginning in 1973 - except insofar as
    paragraph 4 of the above-mentioned article applies - that is , for beef
    and veal products , around 1 April each year , at the start of each
    marketing year* The alignment will therefore be totally achieved as
      from the beginning of April 1977 .
8.  The interpretation to be given to the phrase "not intended for
    slaughter" was the subject of an exchange of views during 1974 .
    It was 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 ini-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 is 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 1 .July 1974 to 30 June 1975 and was then adopted once more
   for the following tariff periods .
                                         t
   Providing no new aspects arise , this solution is proposed for the
   coming quota period also .              •        -
 ---pagebreak---                                                                                                            AMEX A
                                                         Proposai for a
                                  REGULATION (EEC) No . . ,fll OF THE COUNCIL
                    on the opening, allocation and administration of the Community tariff quota of
                    30 000 head of heifers and cows other than those intended for slaughter, of
                    certain mountain breeds, falling within subheading ex 01.02 A II b) 2                 . of "tho
                                                     Common Customs Tariff
      THE COUNCIL OF THF, EUROPEAN
      COMMUNITIES,
      Having regard to the Treaty establishing the European
      Econdmic Community, and in particular Articles 43           Whereas, it is in particular necessary to ensure equal
      and 113 thereof ,
                                                                  and continuous access for all Community importers to
                                                                  the abovementioned quota, and the uninterrupted
      Having regard to the proposal from the Commission ,         application of the quota duties to all imports of the
                                                                  animals in question until the quota is exhausted;.'
                                                                  whereas, having regard to the principles defined j
      Having regard to the Opinion of the F.uropean Parlia-       above, the Community nature of the quota can he <
                                                                  respected by allocating the Community tariff quota
                                                                  among the Member States ; whereas possibilities for
     Whereas the European Economic Community under¬               the use of such mountain breeds are, however, limited
     took within the framework of the GAIT to open an             by special factors, both geographical and lootech-
     annual Community tariff quota of 20 000 head at a            nical ; whereas Denmark docs not have regions
     duty of 6 % for heifers and cows other than those            suitable for breeding this kind of cattle ; whereas,
     intended for slaughter of certain mountain breeds            however, in view of such special factors, the Commu¬
     falling within subheading ex 01.02 A II b) 2              of nity nature of the tariff quota in question should be
"the Common Customs Tariff ; whereas eligibility for such         preserved by making provision for requirements
     quota is subject to conditions to he determined by the       which may arise in this Member State ; whereas to this
     competent authorities , of the Member State of destina ¬     end, this Member State may proceed to draw adequate
     tion ; whereas, in an exchange of letters with Austria       shares from the Community reserve which has been
     dated 21 July 1072, the Community has undertaken             set up ; whereas, in order to reflect as closely as
     unilaterally to increase the size of the tariff quota from   possible the actual trend of the market in question,,
     20 000 to 30 000 head and to lower the quota duty            the initial allocation must be made in proportion to
     from 6 % to 4 % ;                                            the requirements of each of the Member States
                                                                  concerned, calculated in accordance with statistical
     Whereas, under Article 60 of the Act Q) concerning           data concerning imports from third countries during a
     the conditions of accession and the adjustments to the       representative reference period and with economic
     Treaties, the new Member States arc obliged to apply         prospects for the quota period in question ;
     the Regulations of the common agricultural policy
     from I February 1 973 onwards ; whereas, therefore,
     atiy requirements which may arise in these Member            Whereas, since the animals in question belong to
     States during the quota period under consideration           certain .specific breeds which arc not specified as such
     should he taken into account in the Community tariff         in the statistical nomenclatures of the Member States,
     quota in question ; whereas the abovetnentioned tariff       no data on imports provided by the Member States (
     quota for the period from I July 1977 »«>             June   could bo considered to be sufficiently accurate and
     1 978 should therefore he opened at a duty of 4 % ;          representative to be used as a basis for the allocation
                                                                  in question ; whereas the extent to which Community
                                                                  tariff quotas for those animals in the Community as
        OJ No L 7.1. 27. 3. ( 972. p. 14.                         originally constituted have been exhausted, and the
 ---pagebreak---                                                           2
  estimates made by certain Member States enable the         the administration of the shares allocated to that
  requirements of each of them as regards imports from       Economic Union may be carried out by one of its
  third countries for the quota period envisaged to be       Members,                                           ,
  assessed as follows :
           Benelux                      1 -500 head,         HAS ADOPTED THIS REGULATION :
          Germany                     10 000 head,
           France                       3 900 head,
           Italy                       6 100 head ; ‘                                 Article I
  whereas, in the absence of precise information the        •1.    During the period from I July 1977 *° 30 June
  needs of the United Kingdom and Ireland may be              1978 a Community tariff quota of 30 000 head shall
  assessed at 300 and 200 head ;                             be opened within the European Economic Commu¬
                                                             nity in respect of the imports from third countries of
                                                            cows and heifers, other than those intended for
  Whereas, in order to take into account the possible
  trend of imports of the aforementioned animals into        slaughter, of the following mountain breeds : grey,
  the said Member States, the quota amount of 30 000         brown , yellow and mottled Simmcntal breed and
  head should be divided into two parts, the first being     mottled Pinzgau breed, falling within subheading ex
  allocated among certain Member States, the second          01.02 A II b) 2          of the Common CuGtoma Tariff
  forming a reserve intended subsequently to cover the
  requirements of those Member States When their             2.    For the purposes of this Regulation, the above-
                                                             mentioned cows and heifers shall be considered not
  initial shares arc exhausted and requirements which
  may arise within other Member States ; whereas in          intended for slaughter if they arc not slaughtered
  order to ensure a certain degree of security for impor¬    within four months following the date of their impor¬
                                                             tation .
  ters in the aforementioned Member States, the first
• part of the Community quota should be determined at        Derogations may, however, be granted in the event of
  a comparatively high level which under the present
  circumstances may be . approximately 60 % of the           an act of God (disease, accident) duly attested by a
  quota amount ;
                                                             local authority certificate setting out the reasons for .
                                                             the slaughter.
  Whereas, the initial shares of those Member States         3. The said quota shall be administered in accor¬
  may be used up more or less rapidly ; whereas, in          dance with the following Articles.
  order to take 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                                Artide 2
  share   should  draw   an  additional   share  from the
  reserve ; whereas this must be done by each of these             Within the framework of the quota referred to in j
  Member States as and when each of its additional           Article I ( I ), the Common Customs Tariff duty for the
  shares is almost entirely used up, and repeated as         animals referred to in the said paragraph shall be ‘
  many times as the reserve allows ; whereas the initial     suspended at 4 % .
  and additional shares must be available until the end
  of the quota period ; whereas such method of adminis¬
  tration calls for close cooperation between Member
  States and the Commission, which must, in particular,
  be able to observe the extent to which the quota
  amounts are used and inform Member States thereof ;                                 Article J
  Whereas, if, at a specified date within the quota          I. A first part of 19 000 head shall be allocated
  period, a considerable balance of the initial share of    among the Member States listed below. The shares
 one or other of the Member States is left over, it is      shall apply from I July I9?7to30 June 1978 . subject
 essential that that State should return a considerable     to Article 7, and shall be as follows :
  part of such balance to the reserve in order that part              Benelux                      I 000 head,
 of the Community tariff quota should not remain
 unused in one Mentber State while it could be used in                Germany                      8 800 head,
 others ;                                                             France                       3 400 head,
                                                                      Ircland                        200 head,
                                                                      Italy                        S 300 head,
 Whereas since the Kingdom of Belgium, the                            United Kingdom                  300 head.
 Kingdom of the Netherlands and the Grand Duchy of
 Luxembourg arc united in and represented by tht            2.     The second part of 1 1 000 head shall be held as
 Benelux Economic Union, any measure concerning             a Community reserve.                 •
 ---pagebreak---                                                                 3
                              Article 4                           The Member States shall, not later than 25 April 1978 *
                                                                  notify the Commission of the total imports of the
     If requirements arise in Denmark for cattle referred to      animals in question effected tip to 5 April 1978 inclu¬
     in Article 1 ( I ), this Member State shall draw an          sive and charged against the tariff quota, the amounts
     adequate share from the reserve, in so far as the            referred to in the second subparagraph and, where
     reserve permits.                                             appropriate, the proportion of their initial share that
                                                                  they return to the reserve .
                              Artide 5
                                                                                           Artide 8
      1.    If 90 % or more of the initial quota share of one
     of the Member States referred to in Article 3 , or of
     that share less the amount returned to the reserve ,         The Commission shall keep accounts of the amounts
    where Article 7 has been applied, has been used up,           of the shares opened by Member States in accordance
                                                                  with Articles 3, 4 and 5 and shall inform each of them
    that Member State shall immediately, by notifying the         of the extent to which the reserve has been exhausted
    Commission , draw a second share , in so far as the       ,
                                                                  as soon as it receives the notifications.
    reserve permits, equal to 15% of its initial share,
    rounded off upwards, if necessary, to the next unit.
                                                                  The Commission shall , not later than l May 197 ^/
    2.     If, after the initial share has been exhauster!,       notify Member States of tire amount in the reserve
    90 % or more of the second share drawn by one of              after the return of shares pursuant to Article 7.
    these Member States has been used up, that Member
    State shall, in accordance with paragraph I , immedi ¬        The Commission shall ensure that any drawing 'which
    ately draw a third share equal to 7-5 % of its initial         exhausts the reserve is limited to the balance available
    share, rounded off upwards, if necessary, to the next          and, to this end. shall specify the amount thereof to
    unit .                                                         the Member State making the last drawing.
    3.     If, after the second share has been exhausted,
    90 % or more of the third share drawn by one of                                         Article 9
    these Member States has been used up, that Member
    State shall, in accordance with ‘paragraph I , draw a           Member States shall take all measures necessary to
    fourth share equal to the third.
                                                                   ensure that when additional shares arc drawn pursuant
    The same method shall be applied until the reserve is           to Article 4 or 5 it is possible for imports to be .
    exhausted.                                                     counted without interruption against their accumu- •
                                                                    fated shares of the Community quota.
    4 . By way of derogation from paragraphs I , 2 and
    3, each of these Member States may draw shares lower
    than those fixed in these paragraphs if there arc                                       Artide 10
    reasons to consider that such shares might not he
    exhausted. They shall inform the Commission of the
    grounds which led them to apply this paragraph .                f.    Member States shall take all measures necessary
                                                                   to ensure that access to the tariff quota in question is
                                                                   restricted to cattle as specified in Article I ( i ) and (2).
                             /I rtide 6
                                                                   2. They shall ensure free access to the shares alio-,
    1 he additional shares drawn in pursuance of Article 5         cated to them for importers established in their terri¬
    shall apply until 30 June 1975 .                               tory.
                              Article 7                            3.    The extent to which the shares of the Member
Member States shall reixtrn to the reserve *                       States have been used up shall be recorded on the
not later than 25 April 1978* the unused                           basis of imports submitted for customs clearance
portion of their initial share in excoss *                         under cover of declarations that they have been made
on 5 April 1978> of 20'/> of the initial                           available for consumption .
amount . They may return a larger quantity
if there are reasons to consider that suoh
quantity may not be used .                                                                 Artide 11
                                                                   On request by the Commission * Member
                                                                   States shall inform it of imports
                                                                   actually* charged against their shares *
      However, amounts for which import certificates have
      hcen issued lint not used shall not be returned to the
      reserve .
 ---pagebreak---                                               4
                       Artide 12                                                  Artide 1J
Member States and the Commission shall cooperate
closely to ensure that the provisions of this Regulation
are observed .                                              This Regulation shall enter into force on I July 1977 •
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.                                                                '
              Done at Luxembourg,
                                                                      For the Coutidl
                                                                        The President ■
 ---pagebreak---                                                                                                                    А1ГОЕХ В
                                                  Proposai for a
                                    REGULATION (HEC) No. ../l7 OF THE COUNCIL
                     on the opening , allocation and administration of the Community tariff quota of
                     5 000 head of bulls, cows and heifers, other than those intended for slaughter, of
                     certain Alpine breeds falling within subheading ex 01.02 A II b) 2                   , of "the
                                                    Common Customs Tariff
       THE COUNCIL OF THE EUROPEAN                                  respected by allocating the Community tariff quota
       COMMUNITIES,                                                 among the Member States ; whereas possibilities for
                                                                    the use of such mountain breeds arc, however, limited
       Having regard to the Treaty establishing the European        by special factors, both geographical and zooicch -
       Economic Community, and in particular Articles 43            nical ; whereas Denmark docs not have regions
      and 1 1 3 thereof ,                                          'suitable for breeding this kind of cattle ; whereas,
                                                                    however, in view of such special factors, the Commu¬
       Having regard to the proposal from the Commission , .        nity nature of the tariff quota in question should be
                                                                    preserved by making provision for requirements
       Having regard to the Opinion of the European Parlia¬         which may arise in this Member State ; whereas to this
      ment                                                          end , this Member State may proceed to draw adequate
                                                                    shares from the Community reserve which has been
      Whereas, the European Economic Community under¬               set up ; whereas, in order to reflect as closely as
      took within the framework of the GATT to open an              possible the actual trend of the market in question,
      annual Community tariff quota of 5 000 head at a              the initial allocation must be marie in proportion to
      duty of 4 % for hulls, cows and heifers, other than           the requirements of each of the Member States
                                                                    concerned , calculated in accordance with statistical
      those intended for slaughter, of certain Alpine breeds
      falling within subheading ex 01.02 A II b) 2              of  data concerning imports from third countries during a
tha Common Customs Tariff ; whereas eligibility for such            representative reference period and with economic
     quota is subject to submission of the following docu¬          prospects for the quota period in question ;
     ments :
     –- biills : pedigree ccrtificate ;                            •Whereas, since the animals in question belong to
     – fenhile i/nintalx : pedigree certificate or certificate      certain specific breeds which are not specified as such
          of registration in the herdbook, certifying purity of     in the statistical nomenclatures of the Member States,
          breed ;                                                   no data oti imports provided by the Member States
                                                                    could be considered to lie sufficiently accurate and
  • Whereas, under Article 60 of the Act (1) concerning             representative to be used as a basis for the allocation
     the conditions of accession and the adjustments to the         in question ; whereas the extent to which Community
      Treaties, the new Member States are obliged to apply          tariff quotas for those animals, in the Community as
     the Regulations of the common agricultural policy              originally constituted, have been exhausted, and the
     from I February 1973 onwards ; whereas any require¬            estimates made by certain Member States, enable the
     ments which may arise in tiicsc Member States during           requirements of each of them as regards imports from
    the quota period under consideration should, there¬             third countries for the quota period envisaged to be
                                                                    assessed as follows :
    fore, he taken into account in the Community tariff
    quota in question ; whereas the abovementioned tariff
    quota for the period from I July 1977 to 30 June                        Germany                        250 head ,
     1 97$ .•should, therefore, be opened at a duty of 4 % •                 France                        I 20 head ,
                                                                             Italy                      4 630 head ;
                                                                 1 whereas , in the absence of precise
    Whereas, it is in particular necessary to ensure equal         information , the needs of United
    and continuous access for all Community importers to           Kingdom and Ireland may he assessed
    the abovementioned quota, and the uninterrupted                at 75 and 25 head respectively ;
    application of the quota duties to all imports of the
    animals in question until the quota is exhausted ;             Whereas, in order to take into account the possible
    whereas, having regard to the principles defined               trend of imports of the aforementioned animals into
    above, the Community nature of the quota can be                the said Member States, the quota amount of 5 000
                                                                   head should lie divided into two parts, the first part
                                                                   being allocated among certain Member States, the
    & OJ No I, 73, 27. 3. 1772, p. 14.                             second forming a reserve intended subsequently to
 ---pagebreak---                                                                2.
   cover the requirements of these Member States when             Fribourg breeds, falling within subheading ex 01.02 A
   their initial shares are exhausted and requirements            11 b) 2          of the Common Customs Tariff *
   which may arise within other Member States ; whereas
   in order to ensure a certain degree of security for            2.     Eligibility for this tariff quota shall be subject to
   importers in the aforementioned Member States, the             the submission :                                             ■ .>
   first part of the Community quota should be deter¬                                            t                               ' .
   mined at a comparatively high level which under the            – in the case of bulls : of a pedigree certificate ;
   present circumstances may be about 70 % of the                 – iti the case of female animals : of a pedigree certif¬
   quota amount ;                                          ,          icate or certificate of registration in the herdbook,
                                                                      certifying purity of breed.
   Whereas, the initial shares of those Member States
   may be used up more or less rapidly ; whereas, in              3. The said quota shall be administered in accor¬
  order to take this fact into account and avoid any              dance with the following Articles.                               ;
   break in continuity', it is important that that Member
  State having used up almost the whole of its initial
  share should draw an additional share from the                                             Article 2
  reserve ; whereas this must he done by each of these
   Member States as and when each of its additional                     Within the framework of the quota referred to in
  shares is almost entirely used up, and repeated as             Article I ( I ), the Common Customs Tariff duty for the
  many times as the reserve allows ; whereas the initial         animals referred to in the said paragraph shall be
  and additional shares must be available until the end          suspended at 4 °/o ,                                              ’
  of the quota period ; whereas such method of adminis¬
  tration calls for close cooperation between Member
  States and the Commission, which must, in particular,
  be able to observe the extent to which the quota                                                                              *Ί
  amounts arc used and inform Member States thereof ;
                                                                                            Artide 3
  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          I,     A first part of 3 500hend shall be allocated <
 essential that that State should return a considerable          among the Member States listed below. The shares •
  part of such balance to the reserve in order that part         shall apply from I July 1 97 J to 30 June 197$ subject
 of the Community quota should not remain unused                to Article 7, and shall be as follows :
 in one Member State while it could be used in others ;                   Germany                            1 50 bead,
                                                                          France                             100 head,
 Whereas, since the Kingdom of Belgium, the                               Ireland                              25 head ,
 Kingdom of the Netherlands and the Grand Duchy of                        Ftolv
                                                                         United Kingdom
                                                                                                           3 150 hcatL
 Luxembourg are united in and represented by the                                                             75 head .
 Benelux Economic Union, any measure concerning                 2,     The second part of 1 500 head shall be held        as a
 the administration of the shares allocated to that             Community reserve.
 Economic. Union may be carried out by one of its
 Members,
                                                                                            Artide 4
                                                                If requirements arise in countries of the Benelux
                                                             • Economic Union or in Denmark ,
HAS ADOPTED THIS REGULATION •                                                 these Member Slates shall draw an adequate
                                                               share from flic reserve, in so far as the reserve permits.
                         Article . I                                                        Article S
                                                                I.     if 90 % or more of the initial share of one of the
 L      During the period from I July 1 977 to 30 June         Member States referred to in Article 3, or of that share
    '8 a Community tariff quota of 5 000 head shall he         less the amount returned to the reserve, where Article
Opened within the European Economic Community                  7 has been applied, has been used up, that . Member
    rvsl,t’a of lhc imports from third countries of bulls,     State shall immediately, by notifying the Commission,
cows ami heifers, other than those intended for                draw a second share, in so far as the reserve permits,
slaughter, of the following mountain breeds : the              equal to 15% of its initial share, rounded off
mottled Simmental breed and the Schwyz and                     upwards, if necessary, to the next unit.
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  2.     If, after the initial share has been exhausted,  with Articles 3,' 4 and 5 and shall inform each of them
  90 % or more of the second share drawn by one of        of the extent to which the reserve has been exhausted
  these Member States has been used up, that Member       ns soon as it receives the notification .
  State shall, in accordance with paragraph I , immedi ¬
  ately draw a third share equal to 7-5 % of its initial  The Commission shall , not later than 1 May 1978,
  share, rounded off upwards, if necessary, to the next   notify Member States of the amount in the reserve
  unit .                                                  after the return of shares 'pursuant to Article 7.
  3.     If, after the second share has been exhausted,   The Commission shall ensure that any drawing which
  90 % or more of the third share drawn by one of         exhausts the reserve is limited to the balance available
  these Member States has been used up, that Member       and, to this end, shall specify the amount thereof to
 State shall, in accordance with paragraph I , draw a     the Member State making the last drawing.
  fourth share to the third .
 The same method shall he applied until the reserve is                             Article 9
 exhausted.
                                                          The Member States shall take all measures necessary
 4.      By way of derogation from paragraphs I , 2 and   to   ensure  that   when   additional  shares are   drawn
 3, each of these Member States may draw shares lower     pursuant to Article 4 or 3 it is possible for imports to
 than those fixed in these paragraphs if there are        be counted without interruption against their accumu¬
 reasons to consider that such shares might not be        lated shares of the Community quota.
 exhauster). They shall inform the Commission of the
 grounds which led them to apply this paragraph .
                                                                                  Artide 10
                           Art irle 6                      1 . Member States shall take all measures necessary
                                                          to ensure that the access to the tariff quota in question
 Additional shares drawn in pursuance of Article 5        is restricted to cattle as specified in Article I ( I ) and
shall apply until 30 June 1978.                           «•
                                                          2.    They shall ensure free access to the shares allo¬
                                                          cated to them for importers established in their terri¬
                          A rtirle 7                      tory.
 Member States shall return to the
 reserve , not later than 25 April 1978 ,                 3.    The extent to which the shares of the Member
 the unused portion of their initial                      States have been used lip shall be recorded on the
 share in excess , on 5 April 1978 , of                   basis of imports submitted for customs clearance
 20 fo of the initial amount • They may                   under cover of declarations that they have been made
                                                          available for consumption .
 return a larger cpiantity if there are
 reasons to consider that such quantity
   nay . not bo used .
However, amounts for which import certificates have                               Article II
been issuer! hut not used shall not be returned to the
reserve .
                                                         On request by the Commissior} Member
                                                         States shall inform it of imports
The Member States shall , not later than 25 April 1978,  actually charged against their
notify the Commission of the total imports of the        shares *
animals in question effected up to 5 April 1978 inclu¬
sive and charged against the tariff quota, the amounts                            Article 12
referred to in the second subparagraph and, where
appropriate, the propo[tion of their initial share (hat  Member States and the Commission shall cooperate
they return to the reserve.                  •           closely to ensure that the provisions of this Regulation
                                                         arc observed .
                          Artide 8
                                                                                  Artide 13
The Commission shall keep accounts of the amount *
of the shares opened by Member States in atvotdi <«.      t his Regulation shall enter into force on 1 July 1977
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This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Luxembourg,
                                                         For the Council
                                                           Tlse President