CELEX: 51978PC0091
Language: en
Date: 1978-03-08
Title: Proposal for a COUNCIL REGULATION (EEC) on the opening, allocation and administration of the Community tariff quota of 38 000 head of heifers and cows, not intended for slaughter, of certain mountain breeds falling within subheading ex 01.02 A II(b) 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) of the Common Customs Tariff (submitted to the Council by the Commission)

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COM (78) 91
Vol. 1978/0033
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 ---pagebreak---       COMMISSION OF THE EUROPEAN COMMUNITIES
                                                             COM(78)91 final.
                                                             Brussels , 8 Karch 1978 .
                                     Proposal for a
                                COUNCIL REGULATION ( EEC )
                  on the opening , allocation and administration of
             the Community tariff quota of 38 000 head of heifers and
                cows , not intended for slaughter , of certain mountain
                  "breeds falling within subheading ex 01 02 A II (la )
                              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 )
                              of the Common Customs Tariff
                      ( submitted to the Council by the Commission)
CG.;(78 ) 91 final
 ---pagebreak---                         EXPLL/V NATOIJY MEMORANDUM
 At the laot multilateral GAT'f ne^otiationo , the European Ecpnoroic moro i c
 Community undertook to oprjn certain annual Community quotas including ,
 in the agricultural oector , thoso set out below :
   CCT
                                                              Quota            Quota
 heading                   Deccnption of goods                volutno          duty
   No
 ûx 01^02 A    Cov/fi rvnd heifers , not infcendod for
    II b )      slaughter , of tho following moun­
               tain brood /3 : Gr <? y » brown , yellow
               and mottled Simmcntal breed and
               Pin~gnu breed ( coxiditiono to be
               determined by the competent
               authorities of tho Member State                20 000           6 %
               of destination )                                hoad
ex 01.02 A     Bullr?, COWB and heifers , not inten­
    II b )     ded for slaughter , cf tho following
               Alpine breeds : mottled Simmenttil
               brood and Schwyz and Fribourg bx-eedo .
               If they are to come within the quota >
               animals of tho breeds in question
               must satisfy tho following require­
               ments :
               •• bulls : pedigree
               - femalg «nimols : pedngree or                  5 000             %
                   certificate of registration in the          head
                   herdboolc certifying purity of
                 . breed                         i
In reeponao to requests frou tho fiwisn and Austrian authorities , the
tariff quotas in question have been open since 1 July 1970                 cover
the period from 1 July in each year to JO Juno in tho following year ,
-these quotas wore last ''opened by regulations (EEC) Hos 1331 / 77 and /
1332/77 of 20 June 1977 (0J No L 154 of 23 June 19 17 ) £ or tho porioi
from 1 July 1977 to .30 Juno 1978 .          ,
                                             » 1 .      ; r, •• . •
                                                      " . 1,
 ---pagebreak---                                             -ε­
                                                                                   ι
 3 * In an exchange of lot torn vith Auotrio. dated 21 July 1972 , tho Com­
        munity undertook to increaoe , unilaterally , tho ei?so of tho firot
        tariff quota aet out above from 20 000 to ]>0 000 hand and to lower* tha
        quota duty from 6 Jv to '* % •      Moreover , by Regulation ( EEC ) No 2860/ 77 of 19
        December 1977 < 0J No L 330 . of 2?           1977 > this nu»ntity was increased
        unilaterally from 30,000 to 38,000 head . ■      ■ *
 4 . lu order to moot Community obligations , it io therefore nocosoary
       to adopt P.c filiation© on the opening , allocation and administration of
       tho Community tariff quotas , for the period from 1 July - 1978 to
       30 Juno 1979 - in relation to the quantities of 38,000 and 5,000 head .
                                                                              i  ' •
       Thia io tho objoet of tho . proposals annexed hereto .             .
 5 » AG regards tho allocation of the tariff quotas and, more eepociallj' , "
       the fixing of initiol. shares , it should be noted that , as in tho caflo
..     of previoua quota /perioclu , thia hao'been baoed largely on tho octi-muteo
       presented by tho Monber Gtntee , since opecializod , complete otatiotio;0.
     - date are not available , and has taken Into account tho . neceooity of
    • meeting tho pooaible future needo of the new Mcmbor Statoa .
       The proposnl for a Peculation oubmitted to the Council concerning the
       Xirat tariff quota of 38 OOO head of cattle set out above provides
       for the fixing of a first part to bo allocated amon£j proportionally to
        their forecast needs among certain Member States among which are the Eenelviy.
       countries , Germany , France , Ireland , Italy and the United
       Kingdom ,        •                     Tho remainder constitutes a Comnumity
       reservo \7hieh may be drawn up on not only by tho above-montiosod
       Member States , but aloo , if necessary .
                                                       •         «
      by Denmark . In order to meet any needs which mixy arise in tho'
      3ai>.er Hombor State f and to take account of the uncertainty as to the actual
       demand for importations of these animals into Member States , the Community reserve,
       which is usually fixed at 30% of the total quota , has been increased to about 50% .
 ---pagebreak---                                              3
S. 'i'ho propofipd     method of administration of the second tariff quota of 5 COO head
      of cntilo oai out above difforu from that pvopocod under nara . 5 above
      only      inasmuch ns Vlio firet part soviet J.tutoa ?0 f: o.t tho quota and the
      Community rocfrorvo 30 % of the quota , to take account..both of the large
    ' quaniitie.M vhir.h can be expected to be drawn againHt the initial Italian et.avi;
      forthwith and the nerd to cover any needs which may arise in the
      Benelux countries and in Denmark .
                                               θ
7 . 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 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 certif irate is not required , a period of h months from
      the day of importation would appear lihe minimum period after which
     imported animals could be considered not to be intended for slaughter .
     This solution was adopted by the Council as on experiment for the
     period from I . luly 1974 to 30 June 1975 and was then adopted once more
     for the following tariff periods .
     Providing no new aspects arise , this nolution 1b proposed for the
     coming quota period also *                \       -
 ---pagebreak---                                                       Proposal for
                                    COUNCIL REGULATION ( EEC) No
                                                       of
                 on the opening , allocation and administration of the Community tariff quota of
                 38000 head of heifers and cows other than those intended for slaughter, of
                certain mountain breeds falling within subheading ex 01.02 A II b) of the
                                                  Common Customs Tariff
 nil - COUNCIL OF THE EUROPEAN                                 nical ; whereas Denmark does not have regions
 COMMUNITIES,                                                  suitable for breeding this kind of cattle ; whereas,
                                                               however, in view of such special factors, the Commu­
 Having regard to the Treaty establishing the European         nity nature of the tariff quota in question should be
 Economic Community, and in particular Articles 43             preserved by making provision for requirements
 3111I 11.1 ( hereof,                                          which may arise in these Member States ; whereas, to
                                                               this end, Jhcse Member States may proceed to draw
 Having regard to the proposal from the Commission,            adequate shares from the Community reserve winch
                                                               has been set up ; whereas, in order to reflect as closely
 Having regard to the opinion of the European Parlia­          as possible the actual tiend of the market in question ,
 ment                                                          the initial allocation must be made in proportion to
                                                               the requirements of each of the Member States
                                                               concerned," calculated in accordance with statistical
 Whereas the European Economic Community under­
                                                               data concerning imports from third countries during a
 took within the framework of the GA'IT to open an
                                                               representative reference period and with economic
 annual Community tariff quota of 20 000 head at a
 duty of f % (or heifers and cows other than those
                                                               prospects for the quota period in question ;
 intended for slaughter of certain mountain breeds
 falling within subheading ex 01.02 A il h) of the
 Common Customs Tariff ; whereas eligibility for such          Whereas, since the animals in question belong to
 quota is subject to conditions to be determined by the        certain specific breeds which are not specified as such
 competent authorities of the Member State of destina­         in the statistical nomenclatures of the Member States,
 tion ; whereas , in an exchange of letters with Austria       no data on imports provided by the Member Sutes-
 dated 21 July 1972 , the Community has undertaken             could be considered to be sufficiently accurate and
 unilatciaily to increase the si /e of the tariff quota from   representative to be used as a basis for the allocation
 20 000 to 30 000 head and to lower the quota duly             in question ; whereas the extent to which Community
 from 6% to 4% ;           whereas subsequently                tariff quotas for those animals in the Community as
this quota was increased unilaterally                          originally constituted have been exhausted, and tire
                                                               estimates made by certain Member States, enable the
to 38,000 head ; whereas the above-                            requirements of each of them as regards imports from
mentioned tariff quota for the period                          third countries for the quota period envisaged to be
1 July 1978 to 30 June 1979 should                             assessed as follows :
therefore be opened at a duty of 4%
in relation to a quantity of                                          Benelux :                        I 500 head,
38,000 head ;                                                                                        10 000 head ,
                                                                     Germany :
                                                                      France :                         3 900 head,
                                                                      Italy :                         6 1 00 head ;
 Whereas it is in particular necessary to ensure equal
                                                               whercas, in the absence of precise information, the
 and continuous access for all Community importers to
                                                               needs of the United Kingdom and Ireland may be
 the abovementioncd quota, and the uninterrupted               assessed at 300 and 200 head :
 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
 above, the Community nature of the quota can be               Whereas, in order to take into account the possible
 respected by allocating the Community tariff quota            trend of imports of the aforementioned animals into
 among the Member States ; whereas possibilities for           the said Member States, the quota amount of
 the use of such mountain breeds are. however, limited         head should be divided into two parts, the first being
 by special factors, both geographical and zootcch-            all<M..>ted among certain Member States, the second
                                                               forming a reserve intended subsequently to cover tiie
                                                               requirements of those Member States when their
                                                               initial shares are exhausted and requirements which
 ---pagebreak---                                                            - 2 -
may arise within other Member Slates ; whereas in          within four months following the date of their impor­
order to ensure a certain degree of security for impor­    tation .                 ,
ters in the aforementioned Member States, the first
part of the Comriu-nity quota should be deteimincd at      Derogations may, however, be granted in the event of
a comparatively high level which under the present         an act of God (disease, accident) duly attested by a
circumstances may be approximately 50 % of the             local authority certificate setting out the reasons for
quota amount ;                                             the slaughter .
                                                           3. The said quota shall be administered in accor­
Whereas, the initial shares of those Member States         dance with the following Articles.
may be used up more or less rapidly ; whereas, in
order to take this fact into account and avoid any         4 . ; For the purpose of applying this Regulation, the
break in continuity, it is important that that Member      levy fixed in accordance with Article 12 of Regulation
State having used up almost the whole of its initial       ( EEC) No 805/68 ( ' ) shall , as regards imports effected
 share should draw an       additional share from the      under the conditions laid down in Article 2 (4) of
 reserve ; whereas this must be done by each of these      Regulation (EEC) No 193/75 (;), be applied to any
 Member Slates as and when each of its additional          quantities exceeding those indicated in th<* import
 shares is almost entirely used tip, and repeated as        licence .
 many times as the reserve allows ; whereas the initial
 and additional shares must be available until the end                                Art ich 2
 of the quota period ; whereas such method of adminis­
 tration calls for close cooperation between Member         Within the framework of the quota referred to in
 Slates and the Commission , which must, in particular,     Article I ( I ), the Common Customs Tariff duty for the
 be able to observe the extent to which the quota          animals referred to in the said paragraph shali be
 amounts are used and inform Member States thereof ;       suspended at 4 % .
                                                                                      Article 3
 Whereas, if. at a specified date within the quota
 period, a considerable balance of the initial share of     t.     A first part of 19 000 head shall be allocated
 one or other of the Member Slates is left over, it is
                                                           among the Member States listed below. The shares
 essential that that Stn'e should return a considerable
                                                           shall apply from I July 1978 to 30 June 19,9 , subject
 part of such balance to the reserve in order that part     to Article 7, and shall be as follows :
 of the Community tariff quota should not remain
 unused in one Member State while it could be used in             Benelux :                           I 000 head .
 others ;                                                         Germany :                          8 S00 head ,
                                                                  France :                           3 400 head ,
                                                                  Ireland :                             200 head ,
 Whereas since the Kingdom of Belgium, the
                                                                  Italy :                            5 300 head ,
 Kingdom of the Netherlands and the Grand Duchy of                                                      300 head.
  Luxembourg arc united in and represented by the                 United Kingdom :
  Benelux Economic Union, any measure concerning            2.     The second part of 19 "00 head shall be held as
  the administration of the shares allocated to that       a Community reserve.
  economic union may be carried out by any one of its
  members,                                                  3. Imports of the animals concerned shall be
                                                           subject to the provisions adopted under Regulation
                                                           (HFC) No 974/71 (J),' as last amended by Regulation
                                                           (EEC) No 557/76 (4), as regards the fluctuation of the
  HAS ADOPTKD THIS REGULATION :                            currencies of certain Member States .
                                                                                      Article 4
                         Article !
                                                            If requirements arise in Denmark for cattle referred to
   1.   During the period I July 1978 to 30 June 1979,      in Article I ( I ), this Member State sh.ill dr.iw .in
  a Community tariff quota of 38000 head shali be           adequate share from the reserve, in so for as the
  opened within the European Economic Community             reserve permits.
  in respect ol the imports from third countries of cows
  and heifers, other than those intended for slaughter, of                            Artide 5
  the following mountain breeds : grey, brown, yellow        I. If 90 % or more of the intial quota shire of one
  and mottled Simmental breed and mottled I'inzgau          of the Member Stales referred to in Article 3, or of
  breed, falling within subheading ex 01.02 A II b) of      that share less the amount returned to the reserve,
  the Common Customs Tariff .
                                                            (') OJ No L 148, 28. 6. 1968, p. 24.
  2.    For the purposes of this Regulation, the above-     (') 0 | No L 2S. 31 . I. I97S. p. IO.
  mentioned cows and heifers shall be considered not        (>) Oj No L 1 06, 12. 5. 1971 . p I.
  intended for slaughter if they arc not slaughtered       (<) OJ No L 67. 15. 3. 1976, p. «.
 ---pagebreak--- where Article 7 has been applied, has been used up,                                  Artide 8
that Member State shall immediately, by notifying the
Commission , draw a second share, in so far as the          The Commission shall keep accounts of the amounts
reserve permits, equal to 1 * % of its initial share,       of the shares opened by Member States in accordance
rounded oil upwards, if necessary, to the next unit.        with Aiticles 3 , 4 and 5 and shall inform each of them
                                                            of the extent to which the reserve has been exhausted
                                                            as soon as it receives the notifications.
2.      Jf, alter the initial share has been exhausted,
90 % oi more of the second share drawn by one of
these Member States has been used up, that Member           Tito Commission shall, not later than 1 April 1979 ,
State sli.ill , in accordance with paragraph 1 , immedi­    notify Member States of the amount in the reserve
ately draw a third share equal to 7*5 % of its initial      after the return of shares pursuant to Article 7 .
share, rounded off upwards, if necessary, to the next
unit .                                                      The Commission shall ensure that any drawing which
                                                            exhausts the reserve is limited to the balance available
                                                            and, to this end, shall specify the amount thereof to
3.      If, after the second share has been exhausted,      the Member State making the last drawing
90 % or more of the third share drawn by one of
these Member States has been used up, that Member
State shall, in accordance with paragraph I , draw a                                 Artide 9
fourth share equal to the thud.
                                                            Member States shall take all measures necessary to
The same method shall be applied until the reserve is       ensure that when additional shares arc drawn pursuant
exhausted .
                                                            to Article 4 or 5 it is possible for imports to be
                                                            counted without interruption against their accumu­
4.      By way of deiogation from paragraphs 1 , 2 and      lated shares of the Community quota .
 3, each of these Member States may draw shares lower
 than those fixed in these paragraphs if there are
 reasons to consider that such shares might not be                                  Artide 10
 exhausted. They shall inform the Commission of the
grounds which led them to apply this paragraph.              1.    Member States shall lake all measures necessary
                                                            to ensure that access to the tariff quota in question is
                                                            restricted to cattle as specified in Article 1 ( I ) and (2).
                           Artide 6
                                                            2. They shall ensure free access to the shares allo­
                                                            cated to them for importers established in their terri­
The additional shares drawn in pursuance of Article 5       tory.
 shall apply until 30 June 197 9
                                                             3.    The extent to which a Member State has used up
                                                             its share shall be determined on the basis of imports
                           Anide 7
                                                             of the product in question entered with the customs
                                                             authorities for home use .
 Member States shall return to the reserve, not later
 than 2 ^ March 1979, the unused portion of their                                    Artide 11
  initial share in excess, on 5 March 1979, of 20% of
  the initial amount. They may return a larger quantity      On request by the Commission, Member States shall
  if there are reasons to consider that such quantity may    inform it of imports actually charged against their
  not be used .                                              shares.
  However, amounts for which import certificates have
  been issued but not used shall not be returned to the                              Artide 12
  reserve .
                                                             Member States and the Commission shall cooperate
  The Member States shall , not later than 25 March          closely to ensure that the provisions of this Regulation
                                                             are observed.
   1979, notify the Commission of the totnl imports of
   the animals in question effected up to 5 March S97 9
   inclusive and charged against the tariff quota, the
   amounts referred to in the second subparagraph and,                               Article /J
   where appropriate, the proportion of their initial share
   that they return to the reserve.                          This Regulation shi!l enter into force on I July 1978
 ---pagebreak---                                                         - A -
This Regulation shall be binding in its entirety and directly applicable in all Member
States .
DOIK' at                                 *- •           ■   ,
     jii
                                                          For the Council
                                                            U>€ President
 ---pagebreak---                                                  Proposai for
                                   COUNCIL RÉGULATION ( EEC) No
                                                    of
                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 failing within subheading ex 01.02 A II b) of the Common
                                                     Customs Tariff
 THE COUNCIL OF THE EUROPEAN                                  among the Member States ; whereas possibilities for
 COMMUNITIES.                                                 the use of such mountain breeds are, however, limited
                                                              by special factors, both geographical and zootech­
                                                              nical ; whereas the Benelux countries and Denmark
 Having regard to the Treaty establishing the European       do not have regions suitable for breeding this kind of
 Economic Community, and in particular Articles 43           cattle ; whereas, however, in view of such special
 and 1 1 3 thereof,
                                                             factors, the Community nature of the tariff quota in
                                                             question should be preserved by making provision for
 Having regard to the proposal from the Commission,          requirements which may arise in this Member St.ite ,
                                                             whereas to this end, this Member State may proceed
                                                             to draw adequate shares from the Community resnve
 Having regard to the opinion of the European Parlia­        which has been set up ; whereas, in order to reflect as
ment                                                         closely as possible the actual trend of the market in
                                                             question, the initial allocation must be made in
Whereas the European Economic Community under­               proportion to the requirements of each of the Member
                                                             States concerned, calculated in accordance with statis­
took within the framework of the GA'IT to open an
                                                             tical data concerning imports from third countries
annual Community tariff quota of 5 000 head at a             during a representative reference period and with
duty of 4 % for bulls, cows and heifers, other than          economic prospects for the quota period in question ;
those intended for slaughter, of certain Alpine breeds
falling within subheading cx 01.02 A II b) of the
Common Customs Tariff ; whereas eligibility for such         Whereas, since the animals in question belong to
quota is subject to submission of the following docu­        certain specific breeds which are not specified as such
ments :                                                      in the statistical nomenclatures of the Member States,
– bulls :                 pedigree certificate ;             no data on imports provided by the Member States
                                                             could be considered to be sufficiently accurate and
– femnic animals :        prcdigrce certificate or certifi-  representative to be used as a basis for the allocation
                          catc of registration in the        in question ; whereas the extent to which Community
                          herdbook, certifying purity of     tariff quotas for those animals, in the Community as
                          breed ;
                                                             originally constituted, have been exhausted, and the
whereas        the" abovemeht ioned tariff                   estimates made by certain Member States, enable the
quota for the period 1 July 1978 to                          requirements of each of them as regards imports from
30 June 1979 should , therefore , be                         third countries for the quota period envisaged to ne
opened at a duty of 4% ;                                     assessed as follows :
                                                                     Germany :                        250 head ,
                                                                     France :                          1 20 head .
                                                                     Italy :                        4 630 head ;
                                                              whereas the needs of the United Kingdom and of
                                                               Ireland may, in the absence of precise information, be
  W         \\ i* in prtWWul.w nvwsvuv to ensui? equal         ftssosed «t 75 and IS head respectively ;
  and vonmmiMiv suvovs lot all Community impoiters to
  the abovvmewioncd quota, and the uninterrupted
  application of the quota duties to all imports of the        Whereas, in order to take into account the possible
  animals in question .until the quota is exhausted ;           trend of imports of the aforementioned animals uito
  whereas, having regard to the principles defined              the said Member States, the quota amount of S 000
   above, the Community nature of the quota can be              head should be divided into two parts, the first part
   respected by allocating the Community tariff quota           being allocated among certain Member Stales, the
                                                                second forming a reserve intended subsequently to
                                                                cover the requirements of these Member States when
                                                                 their initial shares are exhausted and requirements
 ---pagebreak---                                                              - 2 -
which may arise within other Member Slates ; whereas           2.       Eligibility for this tariff quota shall be subject to
in order to ensure a certain degree of security for            the submission :
importers in the aforementioned Member States, the
first part of the Community quota should be deter­             – in the case
mined at a comparatively high level which under the                  of bulls :                 of a prdigree certificate,
present circumstances may be about 70 % of the                 – in tht case
quota amount ;                                                        of female animals :       of a pedigree certificate or
                                                                                                certificate of registration in
                                                                                                the      hcrdbook ,      certifying
Whereas, the initial shares of those Member States
                                                                                                purity of breed .
 may be used up more or less rapidly ; whereas, in
order to take this (act into account and avoid any
 break in continuity, it is important that that Member
                                                                3.,, The said quota shall be administered in accoi-
                                                                dance with the following Articles.
 State having used up almost the whole of its initial
 share should draw an additional        share from the .        4. For the purpose of applying this Regulation , the
 reserve ; whereas this must be done    by each of these        levy fixed in accordance with Article 12 of Regulation
 Member States as and when each         of its additional       (EEC) No 805/68 ( ' ) shall, as regards imports effected
 shares is almost entirely used up,     and repeated as         under the conditions laid down in Article 2 (4) of
 many times as the reserve allows ; whereas the initial         Regulation (EEC) No 1 93/7-5 (•' ), be applied to any
 and additional shares must be available until the end          quantities exceeding those indicated in the import
 of the quota period ; whereas such method of adminis­          licence.
 tration calls for close cooperation between Member
 States and the Commission, which must, in particular,
                                                                                               Artide 2
 be able to observe the extent to which the quota
 amounts are used and inform Member States thereof ;            Within the framework of the quota referred to in
                                                                 Article 1 ( 1 ), the Common Customs Tariff duty for the
 Whereas, if, at a specified date within the quota               animals referred to in the said paragraph shall be
  period, a considerable balance of the initial share of         suspended at 4 % .
 one or other of the Member States is left over, it is
  essential that that State should return a considerable                                        Artide 3
  part of such balance to the reserve in order that part
  of the Community quota should not remain unused                I. A first part of 3 500 head shall be allocated
  in one Member State while it could be used in others ;         among the Member States listed below. The shares
                                                                 shall apply from I July 1978 to 30 June 19 /9 , subject
                                                                 to Article 7, and shall be as follows :
  Whereas, since the Kingdom of Belgium, the
                                                                                                                    1 50 head,
  Kingdom of the Netherlands and the Grand Duchy of                      Germany :
                                                                                                                    100   head,
  Luxembourg are united in and represented by the                        France :
                                                                                                                      25  head ,
   Benelux Economic Union, any measure concerning                        Ireland :
  the administration of the shares allocated to that                     Italy :                                3 1 50    head,
                                                                         United Kingdom :                             75 head .
  economic union may be carried out by any one of its
   members,
                                                                  2.      The second part of I 500 head shall be held as a
                                                                  Community reserve.
                                                                  3. Imports of the animals concerned shall be
                                                                  subject to the provisions adopted under Regulation
   HAS ADOPTED THIS REGULATION :                                  (EEC) No 974/71 ('), as last amended by Regulation
                                                                  (EEC) No 557/76 (4), as regards the fluctuation of the
                                                                  currencies of certain Member States.
                           A rtide /                                                            Artide 4
                                                                   If requirements arise in countries of the Benelux
    1 . During the period ! July 197g to 30 June 197?,             Economic Union or in Denmark for cattle referred to
   a Community tariff quota of 5 000 head shall be                 tn Article 1 ( I ), these Member States shall draw an
   opened within the European Economic Community                   adequate share from the reserve, in so far as the
    in respect of the imports from third countries of bulls,       reserve permits.
    cows and heifers, other than those intended for
    slaughter, of the following mountain breeds : the              (') 0|   No   L  148, 28. 6. 1968, p 24.
    mottled Simmental breed and the Schwyz and                     <>) Ol   No   L  25, 31 . I. 1975, p. It).
    Fribourg breeds, failing within subheading ex 01.02 A          {') OJ   No   I. 106. 12. 1 . 1971 , p. I.
    II b) of the Common Customs Tariff.                            H   OJ   No   L  67, 15. 3. 1976. p. I.
 ---pagebreak---                                                  - 3 -
                          Artide 5                                                     Artide 8
 1.     If 90 % or more of the initial share of one of the    The Commission shall keep accounts of the amounts
 Member States referred to in Article 3 , or of that share    of the shares opened by Member Slates in accordance
 less the amount returned to the reserve, where Article       with Articles 3 , 4 and 5 and shall inform each ot thrm
 7 has been applied, has been used up, that Member            of the extent to which the reserve has been exhausted
 State shall immediately, by notifying the Commission,        as soon as it receives the notification .
draw a second share, in so far as the reserve permits,
equal to 1 5 % of its initial share, rounded off              The Commission shall , not later than 1 April 1979,
upwards, if necessary, 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 % or more of the second share drawn by one of           , The Commission shall ensure that any drawing which
these Member States has been used up, that Member             exhausts the reserve is limited to the balance available
State shall, in accordance with paragraph I , immedi­      ; and , to this end, shall specify the amount thereof to
ately draw a third share equal to 7-5 % of its initial        the Member State making the last drawing.
share, rounded off upwards, if necessary, to the next
unit.
                                                                                       Anide 9
3.      If, after the second share has been exhausted,
90 % or more of th<* third share drawn by one of            . The Member States shall take all measures necessary
these Member States has been used up, that Member             to ensure that      when   additional  shares arc di.iu.-n
State shall , in accordance with paragraph I , draw a         pursuant to Article 4 or 5 it is possible for imports to
fourth share equal to the third.                              be counted without interruption against their accumu­
                                                              lated shares of the Community quota.
The same method shall be applied until the reserve is
exhausted .
                                                                                      Artide 10
4.      By way of derogation from paragraphs I , 2 and
3, each of these Member States may draw shares lower           I.   Member States shall take all measures necessary
than those fixed in these paragraphs if there are             to ensure that the access to the tariff quoin in question
reasons to consider that such shares might not be             is restricted to cattle as specified in Auitlc 1 ( 1 ) and
exhausted. They shall inform the Commission of the            V)
grounds which led them to apply this paragraph .
                                                              2. They shall ensure free access to the shares allo­
                          Article 6                           cated to them for importers established in their terri­
                                                              tory.
Additional shares drawn in pursuance of Article 5
>hatl apply until 30 June 1979.                               3.    The extent to which a Member State has used up
                                                              its share shall be determined on the basis of the
                                                              imports of the product in question entered with the
                          Artide 7                            customs authorities for home use.
Vlcmber States shall return to the reserve, not later
                                                                                      Artide //
:han 25 March 1979, the unused portion of their
. nilial share in excess, on 5 March 1979 of 20 % of
 :hc initial amount. They may return a larger quantity        On request by the Commission, Member States shall
  f there arc reasons to consider that such quantity may      inform it of imports actually charged against their
 lot be used .                                                shares.
 However, amounts for which import certificates have
 3cen issued but not used shall not be returned to the                                Artiele 12
 •eserve .
                                                              Member States and the Commission shall cooperate
 Hie Member States shall , not later than 25 March            closely to ensure that the provisions of this Regulation
 197 9 notify the Commission of the total imports of          are observed.
 :hc animals in question effected up to 5 March 1979
inclusive and charged against the tariff quota, the
 j mounts referred to in the second subparagraph and,                                 Artide 13
where appropriate , the proportion of their initial share
that they return to the rvM-rve.                              This Regulation shall enter into force on 1 July I V78 •
 ---pagebreak---                                                         - 4 -
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done al
                                                          I:or the Council
                                                            T))t President
 ---pagebreak---   FICHE FINANCIERE                                                                     Date :       13.12.77
  1 . Ligne budgétaire concernée : Chap . 12 art * 120                         'V
                                                    ■      -         "■     ' • 'tv                              '
                    :      ; .
 2 . Base juridique :             - art
 3 . Intitulé de la mesure tarifaire l                              ^
         Propositions de règlements ( CEE ) du Conseil portant ouverture , répartition êt
        mode de gestion de contingents tarifaires communautaires de certaines                                      '
        vaches de montagne , autres que celles destinées à la boucherie , de la
         sous-position ex 01.02 A II b) du tarif douanier commun                                             * ■
                                i   *
4 . Objectif : Assurer le respect des obligations de la Communauté
5 . Mode de calcul :           1 .
       - N° du T.D.C.                   ,    t     01.02 A II b)
       - Volume        des contingent (s)*         38.000 et 5.000 têtes
                                                               ι .■     »                   · :
       - Droits à appliquer                  ï. ^ *
       - Droits du T.D.C.                 t, :     16 % + P.
                                                                                • .s
                •'                                     .                            '           * *
6 . Perte de recettes ;
        a ) Valeur des 3 6. 000 têtes : 18.688.400 UCE' .
            Perte : à 12 %                                                          2.242.608        UCE
        b ) Valeur des 5.000 têtes         ï   3.111.000 UCE
            Perte ï à , 12 %                                                            373.320 UCE
   . '                  *.                                                                   »
        Perte de prélèvement : 12,460 UC/ lOO kg de poids vif
           soit 12,460 UC x 186.830 2.327.902 UC
                   12,460 UC x 21.230 =                      '
 i .                                          2.592.428 UC                          2.592.428 UCE
 I                                                                            ^^wm^mi
                                                               ,          -                i
                                                .. . TOTAL          V                5.208.356 UCE