CELEX: 51994PC0181
Language: en
Date: 1994-05-24
Title: Proposal for COUNCIL REGULATION (EC) opening and providing for the administration of Community tariff quotas for bulls, cows and heifers, other than those intended for slaughter, of certain Alpine and mountain breeds

COMMISSION OF THE EUROPEAN COMVÎUNITIES
                                                                                 C0M(94) 181 final
                                                                                 BrutMl», 24.05.1994
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                                                                    Proposal for
 ff~WT~:'1:S!Si|H                                             COUNCIL REGULATION (EC)
                                             opening and providing for the administrât ion of Community
                                            tariff quotas for bulls, cows and heifers, other than those
                                           intenddd for slaughter, of certain Alpine and mountain breeds
                                                            (presented by the Commission)
                                JîSfj".
 ---pagebreak---                                                       I
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                              EXPLANATORY MEMORANDUM
 1.     At the multilateral GATT negotiations, the European Community
        undertook to open certain annual Community quotas including, in the
        agricultural sector, those set out below:
OCT heading            Description of goods           volume        Quota
 ex 01.02       Cows and heifers, not intended for
                 slaughter, of the following mountain
                 breeds; grey, brown, yellow and
                mottled Sinmental breed and Pinzgau
                breed (conditions to be determined
                by the competent authorities of the
                Member State of destination)            20 000 head   6%
ex 01.02        Bulls, cows and heifers, not intended
                for slaughter, of the following breeds;
                mottled Sinmental breed and Schwyz and
                Fribourg breeds. If they are to come
               within the quota, animals of the breeds
                in question must satisfy the following
                requirements:
                -bulls: pedigree
                -female animals: pedigree or certificate
                  of registration in herdbook certifying
                  purity of breed.                       5 000 head  4%
2.    The tariff quotas in question were first opened on 1 July 1970 in
       response to requests from the Swiss and Austrian authorities, and
      cover the period from 1 July in each year to 30 June in the following
      year.
 ---pagebreak---                                   -2-
3.  In an exchange of letters with Austria dated 21 July 1972, the
    Community undertook unilaterally to increase the size of the first
    tariff quota set out above from 20 00 to 30 000 head and to lower the
    quota duty from 6% to 4X. The quota volume was again unilaterally
    increased to 38 000 head from the end of 1977. And under an agreement
    in the form of exchange of letters dated 14 July 1986 which was
   adopted by the council's Decision of 15 September 1986 (0J No L 328
   of 22 November 1986 p. 57), the volume of this tariff quota was once
   more raised to 42 600 head, as from 1 July 1986.
   The Community reserves the possibility to adapt this regulation in
   the light of the results of the current negotiations for the
   accession of Austria.
   These quotas were opened most recently by Regulations (EEC) Nos
   1918/93 and 1919/93 of 12 July 1993 (0J No L 174 of 17.7.1993), for
   the period from 1 July 1993 to 30 June 1994.
4. In order to meet community obligations, it is therefore necessary to
   adopt Regulations on the opening and administration of the Community
   tariff quotas, for the period from 1 July 1994 to 30 June 1995.
5. As with other Community tariff quotas, the proposal does not provide
   for the quota-volumes to be divided up between Member States but the
   possibility for the Member States to benefit from the latter by means
   of certificates of participation.
 ---pagebreak---                                   - ^ > —
6. To respond to the request of certain Member States who, knowing large
    imports of living animals, fearing difficulties in administration as
   well as problems of speculation in this area, it has been Judged
   appropriate to limit the number of non-trad itlonal beneficiaries of
   these quotas to those who can prove to have imported and/or exported,
   in the course of the previous year, at least 20 living animals.
7. To facilitate greater respect for the condition of non-slaughtering,
   it is considered suitable to submit the favourable tariff treatment
   in question to customs supervision of the end-use of these animals.
   This is the purpose of the attached proposal
 ---pagebreak---                                                                  Proposition of
                                                      COUNCIL REGULATION (E C) N o
                                                                         of
                                 opening and providing for the administration of                  Community tariff quotaSfor
                                 bulls, cows and heifers, other than those intended for slaughter, of certain Alpine 3rd mountain
                                                                                breeds
         THE COUNCIL OF THE EUROPEAN UNION
         Having regard to the Treaty establishing the European                         Whereas it is, in particular, necessary to ensure equal and
                         Community, and in particular Article 113                      continuous access for all Community importers to the
        thereof,                                                                      abovementioned quota, and the uninterrupted application
                                                                                      of the quota duties, to all imports of the animals in ques-
        Having regard to the proposal from the Commission,                            tion until the quota is exhausted ;
      Whereas the European Community has undertaken
                                                                                      Whereas the decision for the opening, in the execution of
      w i t h i n the framework of the General Agreement                              its international obligations, of tariff quotas should be
      on T a r i f f s and Trade (GATT), to open an annual
                                                                                      taken by the Community ; whereas, to ensure the effici-
                                                                                      ency of a common administration of these quotas, there is
      Community t a r i f f quota of S 000 head at a duty                             no obstacle to authorizing the Member States to draw
      of 4 % for b u l l s , cows and h e i f e r s , other than                      from the quota-volumes the necessary quantities corres-
                                                                                      ponding to actual imports ; whereas, however, this method
      those intended for slaughter of the mottled                                    of administration requires close cooperation between the
      Simmental breed and the Schwyz and Fribourg                                    Member States and the Commission and the latter must
                                                                                     in particular be able to monitor the rate at which the
      breeds, and another annual Community                      tariff
                                                                                     quotas are used up and inform the Member States accor-
     quota of 42 600 head at a duty of 4 X for cows                                  dingly ;
     and h e i f e r s , other than those intended for                               Whereas, since the Kingdom of Belgium, the Kingdom of
     slaughter, of the grey, brown, yellow and                                       the Netherlands and the Grand Duchy of Luxembourg
                                                                                     are united within and jointly represented by the Benelux
     mottled Simmental breed and mottled Pintzgau
                                                                                     Economic Union, any measure concerning the adminis-
     breed;                                                                          tration of the quantities levied by that economic union
                                                                                     may be carried out by any one of its members,
     whereas the imported animals should be subject
     to a control that they are not slaughtered for
                                                                                     HAS ADOPTED THIS REGULATION :
     a c e r t a i n p e r i o d ; whereas Council Regulation
     (EEC) N» 2 9 1 3 / 9 2 0 ) p r o v i d e s , in i t s A r t i c l e                                        Article 1
     8 2 , for customs supervision of goods put                     into             1.    From 1 July 199 4to 30 June 1995, the duty appli-
     f r e e c i r c u l a t i o n at a reduced r a t e of duty on                   cable to the import into the Community of the animals
                                                                                     designated hereafter shall be suspended at the level and
     account of t h e i r end-use; whereas the above-
                                                                                     within the limits of the Community tariff quotaSindicated.
     mentioned t a r i f f         quotas should t h e r e f o r e be
     opened for the period 1 July 1994 to 30 June
     1995;
                          CN code                                                                                 Quota          Quota duty
    Order No                                                        Description                                  volume
                           (2)
     09.0001          ex   0102 90 OS     Cows and heifers other than those intended for slaughter, of
                      ex   0102 90 29     the following mountain breeds : grey, brown, yellow and
                      ex   0102 90 49     mottled Simmental breed and mottled Pintzgau breed ( s )
                      ex   0102 90 59
                      ex   0102 90 69                                                                         42 600 head
     09.0003          ex   0102 90 05      Bulls, cows and heifers, other than those intended for
                      ex   0102 90 29     slaughter, of the following breeds : mottled Simmental breed
                      ex   0102 90 49     and the Schwyz and Fribourg breeds (a)
                      ex   0102 90 59
                      ex   0102 90 69
                      ex   0102 90 79                                                                          5 000 head
   (1)         OJ N ' L 3 0 2 o f       19.10.1992
     (2)     Taric codes in Annex II.
( a ) The control of t h i s p a r t i c u l a r end-use is
c a r r i e d out by a p p l i c a t i o n of the relevant
Community provisions
 ---pagebreak---                                                                  ~ç~
                                                                            2. The f i r s t part shall be assigned to the
    2.     For the purposes of this Regulation, the animals
                                                                             various importers pro rata, in proportion to
    referred to in paragraph 1 shall be considered not
    intended for slaughter if they are not slaughtered within                the scale of t h e i r previous imports over the
    four months of the date of the acceptance of the entry for               three years under consideration or to the
    release for free circulation.
                                                                             q u a n t i t i e s applied for if they are l e s s than
     Derogations may, however, be granted in the event of                    previous imports while the second part shall
    force majeure duly attested by a local authority certificate
                                                                             be assigned to applicants pro rata, in
    setting out the reasons for the slaughter.
                                                                             proportion to the entitlement applied for by
3 . E l i g i b i l i t y for benefit of the t a r i f f quota                the importers. In the l a t t e r case:
                                                                        (a) applications for quantities greater than 50 head shall
 at order N* 09.0003 i s subject to the
                                                                              be automatically reduced to that number ;
 presentation of:
                                                                        (b) applications which would give rise to a certificate of
                                                                               participation covering a quantity of less than 20 head
— in the case of bulls : a pedigree certificate,                               shall not be taken into account;
— in the case of female animals : a pedigree certificate or              (c) quantities which have not been assigned, owing to the
      certificate of registration in the herdbook, certifying                  minimum 20 head limitation shall be assigned by
      purity of breed.                                                         drawing lots (with a figure of 20 head).
                                                                          3.      Any quantities of one of the parts of the tariff quota
                           Article 2                                      referred to in paragraph 1 not applied for shall be auto-
1. The quota volumes referred to in A r t i c l e 1                       matically transferred to the other part.
Paragraphe 1 shall be further divided into two
parts, of 80 % and 20 % each;                                                                               Article 3
  The f i r s t part of the volume of 42 600 head                         Applications to import under each part of the
  (order n« 03.0001). i . e . 34 080 head, and 5 000                      t a r i f f quotas, accompanied, where appropriate,
                                                                          by proof of previous Imports/exports, shall bo
  head (order n« 09.0003), i . e . 4 000 head, shall                      mod® to th® competent a u t h o r i t i e s in th® Member
                                                                          S t a t e s , In eccordance with the procedures laid
   be reserved for importers who are able to                              down and th© deadline s e t by thos® a u t h o r i t i e s ,
   furnish proof of having imported animals under                         by m©ans of the appropriate customs document,
                                                                          which «hall bo cancelled by th® said
   the present quota during the previous three                            a u t h o r i t i e s a f t e r being submitted as proof.
   years.                                                                A s i n g l e request can be deposited by an
                                                                          interested party, t h i s must only be on one or
    The second part, of 8 520 head and 1 000 head                         other of the p a r t s .
    respectively, i s reserved to those importers
    who can prove to have imported and/or exported,
      n the course of the previous year, at least 20               These authorities shall transmit to the Commission, not
     living animals of the bovine race relating to                 later than 31 July 1994 the data thus collected, and in
    CN code 0102 and which are written in a public                 particular :
    register of a Member S t a t e .
                                                                   — the number of applicants and the number of head
                                                                        applied for by each category of importer,
                                                                    — the average of previous imports furnished by each
                                                                         applicant in respect of the 34 080 and 4 000 head
                                                                           reserved for established importers.
                                                                    2.      The Commission shall notify the Member States, by
                                                                    6 August 1994 of the quantities to be assigned to each
                                                                    applicant, in the form, where necessary, of a percentage of
                                                                    the amount originally applied for, or of that applicant's
                                                                    previous imports.
                                                                     3.       On the basis of the data referred to in paragraph 2,
                                                                     Member States shall issue applicants with certificates
                                                                     specifying the number of head to which they are entitled.
                                                                     The period of validity of the certificates may not go
                                                                     beyond 30 June 19 9 5 .
 ---pagebreak---                                                                     ~6-
                                                                                                   Article   4
      The entitlement certificates, a model of which is annexed
      to this Regulation, shall be issued upon provision of a
      security of ECU 20 per head, which shall be released once           1.    Member States shall take all measures necessary to
      the certificates have been returned, complete with the              ensure that access to the tariff quota in question is
      customs stamps acknowledging the import of the animals,             restricted to cattle as specified in Article 1
      to the issuing authority.
                                                                          2.    They shall ensure importers equal and continuous
                                                                          access to the tariff quota in question.
      An entitlement certificate shall not be transferable and
     shall entitle the bearer to benefit from the tariff quota
     only when made out in the same name as the entry for              3      Depletion of the said quota shall be measured on
     release for free circulation which accompanies it.                the basis of imports submitted for customs clearance
                                                                       under cover of entries for release for free circulation.
     The rules laid down in Commission Regulation (EEC) No                                        Article  Î
     3719/88 of 16 November 1988 laying down common
     detailed rules for the application of the system of import         Member States and the Commission shall cooperate
     and export licences and advance fixing certificates for            closely to ensure that the provisions of this Regulation are
     agricultural products ('), as last amended by Regulation           observed.
     (EEC) No 2101/92 (2), for the release of the security for
     the import certificates or its conversion into revenue shall                                 Article 6
     apply to the security referred to in the second subpara-
    graph.                                                              This Regulation shall enter into force on the third day
                                                                        following its publication in the Off mal Journal of the
                                                                         European Communities.
    4.     Quantities which have not been the subject of the             It shall apply with effect from 1 July 1994.
    issue of entitlement certificates by 31 March 199 5 shall be
    finally reassigned under the procedure described in the
    foregoing paragraphs to importers who have applied for
    certificates in respect of their whole entitlements.
   To this end, Member States shall notify the Commission
    by 10 April 1995. of the quantities which have not been
    the subject of the issue of entitlement certificates by 31
    March 199 5 and furnish the data specified in the second
   subparagraph of paragraph 1. The Commission shall set
    the new percentages for entitlements in each category and
   shall transmit them by not later than 15 April 1995 to the
   Member States, which shall then issue the entitlement
certificates to the applicants under the conditions set out
in paragraph 3, with a period of validity not extending
beyond 30 June 199 5
   (') OJ No L 331, 2. 12. 1988, p. 1.
   Ç) OJ No L 210, 25. 7. 1992. p. 18.
                        This Regulation shall be binding in its entirety and directly applicable in all Member
                        States.
                        Done at Brussels,
                                                                                    For the Council
                                                                                     The President
 ---pagebreak--- EUROPEAN C O M M U N I T Y                                                                                                                      ANNEX I
  ENTITLEMENT CERTIFICATE No
  COMMUNITY TARIFF QUOTAS FOR
  — Cows and heifers other than those intended for slaughter of certain mountain breeds
  — Bulls, cows and heifers other than those intended for slaughter of certain Alpine breeds
  1. Holder (Name, complete address and Member State)                            2. Issuing authority
  NOTES                                                                          3. This certificate is valid until and including     day  month year
 A. This certificate is valid in all Member States of the Community.
  B. This certificate must be attached to the entry for release for free
     circulation, and the entry must itself be drawn up in the name of              Place and date of issue
     the holder's of this certificate.
 C. The customs office concerned should write off the quantities
     released for free circulation and return this certificate to the holder
     or the holders representative.                                                 Signature and stamp of issuing authority:
 D. The holder must return this certificate to the issuing authority to
     obtain release of the guarantee.
 7. Number of head in words
8. WRITING OFF BY CUSTOMS OFFICES (in column 9, indicate in part 1 the quantity available, and in part 2 the quantity written off)
9. Number of head            10. Number of head in words for the        11. Number and date of acceptance             12. Name, Member State,
    in figures                   quantity written off                       of the entry for release for free             signature and stamp
                                                                            circulation                                   of the customs office
 1.
2.
1.
2.
1.
2.
 ---pagebreak---                               -8-
                 ANNEX     II
                 Tarie codes
      Order No     CN code          Taric code
09.0001         ex 0102 90 05     0102 90 05*20
                                              *40
                ex 0102 90 29     0102 90 29*20
                                             *40
               ex 0102 90 49     0102 90 49*20
                                             *40
               ex 0102 90 59     0102 90 59*11
                                             *19
                                             '31
                                             *39
               ex 0102 90 69     0102 90 69*10
                                             *30
09.0003        ex 0102 90 05     0102 90 05*30
                                             *40
                                             *50
               ex 0102 90 29     0102 90 29*30
                                             *40
                                             •50
               ex 0102 90 49     0102 90 49*30
                                             •40
                                             •50
               ex 0102 90 59     0102 90 59 # 21
                                             •29
                                             •31
                                             •39
               ex 0102 90 69     0102 90 69*20
                                             *30
               ex 0102 90 79     0102 90 79*21
                                            '29
 ---pagebreak--- FINANCIAL RECORD
       Budget line concerned : Chap. 12 Art. 120
       Legal basis : Art. 113 of the Treaty
       Title of the tariff measure concerned : Proposal for a Council
       Regulation opening and providing for the administration of Community
       tariff quotas for bulls, cows and heifers, other than those intended
       for slaughter, of certain Alpine and mountain breeds
      Object ive : Fulfilment of contractual obligations of the Community
      Method of calculation
      Quota volumes:              42 600 head         5 000 head
      Dut les to be applled:        4%                  4%
      Normal duties:               16% + AGR          16% + AGR
      Duty-loss :
      a)   Customs duty losses
           Value of the 42 600 head    32.840.766 ECU
           Value of the  5 000 head:    4.352.250 ECU
                                       37.193.016 ECU
      Loss: 12%                                        4.463.161 ECU
     b)    Levy losses
          Weight of the 42 600 head: 20.661 T
          Weight of the   5 000 head:   2.425 T
                                       23.086 T
     Loss: 13,143 ECU/100 kg
             i.e. 131,433 ECU x 23.086 T -             3.034.622 ECU
                                                      7.497.423 ECU
     Cost of the operation (period 93/94): 7.352.788 ECU
     Cost of the operation (period 94/95): 7.497.423 ECU
 ---pagebreak---                                           _  AjO-
                                                                      ISSN 0254-1475
                                                               COM(94) 181 final
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