CELEX: 51979PC0293
Language: en
Date: 1979-06-07
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) 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 (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 293
Vol. 1979/0113
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---      COMMISSION OF THE EUROPEAN COMMUNITIES
                               O             . >S        A
                                     V     :          COM ( 7979)) 293 final
                                        J.. y \             \
                                                      Brussels . 7th June 1979
                                                         L
                                                        ; -7
                                                      A - y
                                                          •
                               V
                                \
                                             <1   ^y
                                                  -. s /
                       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
                     ( presented by the Commission to the Council )
C0M(79 ) 293 final
 ---pagebreak---                                   EXPLANATORY MEMORANDUM
At the last multilateral GATT negotiations , the European Economic
Community undertook to open certain annual Community quotas including ,
in the agricultural sector , those set out below :
CCT                        -                          Quota            Quota
heading                 Description of goods          volume       :   volume
No                                               -
ex 01.02 A
    II b)         Cows and heifers , not intented for
                  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
                  of destination)                     20 000 head    . 6%
ex 01 . 02 A
    II b)         Bulls , cows and heifers , not in­
                  tended for slaughter , of the -
                  following Alpine breeds : mottled
                  Simmental breed and Schwyz and
                  Fribourg breeds .
                  If they are to come within the
                  quota , animals of the breeds in
                  question must satisfy the
                  following requirements :
                  - bulls : pedigree
                  - female animals : pedigree or . *
                    certificate of registration in
                     the herbook certifying purity
                     of breed                           5 000 head     4%
 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 Regulatins (EEC) Nos 1374/78 and
 1375/ 78 of 20 June 1978 (OJ No L 167 of 24 June 1978) for the period
 from 1 July 1978 to 30 June 1979 .
                                                                        • i •/i
 ---pagebreak--- In an exchange of letters with Austria dated 21 July 1972 , the. Community
undertook to increase , unilaterally , the size of the first tariff quota
set out above from 20 000 to 30 000 head and to lower the quota duty from
6% to 4% . Moreover , the quotas' volumes were unilaterally increased up to
38 000 head from the end of 1977 .
In order to meet Community obligations , it is therefore necessary to      ^
adopt Regulations on the opening , allocation and administration of the
Community tariff quotas , for the period from 1 July 1979 to 30 June 1980 , ,
in relation to the quantities of 38 000 and 5 000 head .
This is the object of the proposals annexed hereto .
As regards the allocation of the tariff quotas and , more especially , the
fixing of initial shares , it should be noted that , as in the case of previous
quota periods , this has been based largely on the estimates of requirements
by the Member States , since specialized , complete statistical date are not
available .       -•                         -
The proposal for a Regulation submitted to the Council concerning the first
tariff quota of 38 000 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 ^mong which are the Benelux countries , Germany ,
France , Ireland , Italy and the United Kingdom . The remainder constitutes a
Community reserve which may be drawn up on not only by the abovementioned
Member States , but also , if necessary , by Denmark .
The proposed method of administration of the second tariff quota of 5 000 head
of cattle set out above differs from that proposed under para . 5 above only
inasmuch as the first part constitutes 70% of the quota and the Community
reserve 30% of the quota , to take account both of the large quantities which
can be expected to be dran against the initial Italian shere forthwith and
the need to cover any needs which may arise in the Benelux countries and in
 ---pagebreak---                                      - 3 -
7.    The interpretation to be given to the phrase "not intended for slaughter"
      has been the subject of an exchange of views annually since 1974 .
      It had been apparent from those discussions that , in the case of animals
      whose importation was subject to submission of a breeding certificate
      (certificate of pedigree or of registration in the herdbookj , 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 I July 1974 to 30 June 1975 and was then adopted once more for the
      following tariff periods .
      During the discussions at Council level in June 1978 a declaration was
      written into the minutes containing an engagement by the Commission to
      enter into consultations with the Swiss authorities in order to be able
      to extend the control measures on the non slaughter of animals imported
      with the above breeding certificate under the 2nd quota of 5 000 head .
      While waiting for the result of .these negotiations , the Commission
      proposal concerning this latter quota , already contains the control
    - measures unacted , in the context of the other quota . It is evident
       that the Commission reserves the right to amend the proposition while
   1 the procedure is running as a result of the discussions being
       conducted . •   -                                                ,
 ---pagebreak---                                                   Proposal for a
                                  COUNCIL REGULATION (EEC) No .../ 79
                                                     of  ....... .
                on the opening, allocation and administration of the Community tariff quota of
                38 000 head of heifers and cows other than those intended for slaughter, of '
                certain mountain breeds, falling within subheading ex 01.02 A II b) of the
                                                Common Customs Tariff
THE COUNCIL OF THE EUROPEAN                                     by special factors, both geographical and zootech­
COMMUNITIES,                                                    nical ; whereas Denmark does not have regions
                                                                suitable for breeding this kind of cattle ; whereas,
Having regard tothe Treaty establishing the European            however, in view of such special factors, the Commu­
Economic Community, and in particular Article                   nity nature of the tariff quota in question should be
      1 1 3 thereof,                                            preserved by making provisions for requirements
                                                                which may arise in this Member State ; whereas, to
Having regard to the proposal from the Commission,              this end, this Member State may proceed to draw
                                                                adequate shares from the Community reserve which
                                                                has been set up ; whereas, in order to reflect as closely
                                                                as possible the actual trend of the market in question,
                                                                the initial allocation must be made in proportion to
Whereas the European Economic Community under­                  the requirements of each of the Member States
took within the framework of the GATT to open an                concerned, calculated in accordance with statistical
annual Community tariff quota of 20 000 head at a               data concerning imports from third countries during a
duty of 6 % for heifers and cows other than those               representative reference period and with economic
intended for slaughter of certain mountain breeds               prospects for the quota period in question ;
falling within subheading ex 01.02 A II b) of the
Common Customs Tariff ; whereas eligibility for such
quota is subject to conditions to be determined by the
competent authorities of the Member State of destina­           Whereas, since the animals in question belong to
tion ; whereas, in an exchange of letters with Austria          certain specific breeds which are not specified as such
dated 21 July 1972, the Community has undertaken                in the statistical nomenclatures of the Member States,
unilaterally to increase the size of the tariff quota from      no data on imports provided by the Member States
20 000 to 30 000 head and to lower the quota duty               could be considered to be sufficiently accurate and
from 6 % to 4 % ; whereas subsequently this quota             ■ representative to be used as a basis for the allocation
was increased unilaterally to 38 000 head ; whereas the         in question ; whereas the extfent to which Community
abovementioned tariff quota for the period 1 July               tariff quotas for those animals in the Community
 197 9to 30 June 1980should therefore be opened at a                                    have been exhausted, and the
duty of 4 % in relation to a quantity of 38 000 head ;          estimates made by certain Member States enable the
                                                                requirements of each of them as regards imports from
Whereas it is in particular necessary to ensure equal           third countries for the quota period envisaged to be
and continuous access for all Community importers to            assessed as follows :
the abovementioned quota, and the uninterrupted
application of the quota duties, to all imports of the
animals in question until the quota is exhausted ;                      Germany                    2o 000 head,
whereas, having regard to the principles defined                        France                       3 900 head,
above, the Community nature of the quota can be
respected by allocating the Community tariff quota
                                                                        Italy                        6 1 00 head ; v
among the Member States ; whereas possibilities for                         ^ Benelux , the ,
the use of such mountain breeds are, however,- limited
                                                                whereas, in the absence of precise information the
                                                                needs of the* United Kingdom arid Ireland may be
                                                                assessed at 500 , 300 and 200 head ;
 ---pagebreak--- Whereas, in order to take into account the possible     brown, yellow and mauled Slmmonul breed ind
trend of imports of the aforementioned animals into     mottled Pinzgau breed, falling within subheading ex
the said Member States, the quota amount of 38 000      01.02 A II b) of the Common Customs Tariff.
head should be divided into two parts, the first being
allocated among certain Member States, the second       2.    For the purposes of this Regulation, the above-
forming a reserve   intended subsequently to cover the  mentioned cows and heifers shall be considered not
requirements of     those Member States when their      intended for slaughter if they are not slaughtered
initial shares are  exhausted and requirements which    within four months following the date of their impor­
                                                        tation.
may arise within     other Member States ; whereas in
order to ensure a certain degree of security for impor­ Derogations may, however, be granted in the event of
ters in the aforementioned Member States, the first     an act of God (disease, accident) duly attested by a
part of the Community quota should be determined at     local authority certificate setting out the reasons for
a level - which, under the present circumstances, may   the slaughter.
be approximately 50% of the quota amount ;
                                                        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
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
reserve ; whereas this must be done by each of these
Member States as and when each of its additional
shares is almost entirely used up, and repeated as
many times as the reserve allows ; whereas the initial                          Article 2
and additional shares must be available until the end
of the quota period ; whereas such method of adminis­   Within the framework of the 'quota referred to'iin
tration calls for close cooperation between Member      Article 1 ( 1 ), the Common Customs Tariff duty for the
States and the Commission, which must, in particular,   animals referred to in the said paragraph shall be
be able to observe the extent to which the quota        suspended at 4 %.
amounts are used and inform Member States thereof ;
                                                                                Article 3
Whereas, if, at a specified date within the quota       1 . 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
essential that that State should return a considerable
                                                        shall apply from 1 July 1979 to 30 June 198Q subject
                                                        to Article 7, and shall be as follows :
part of such balance to the reserve in order that part
of the Community tariff quota should not remain                 Bénélux                         200 head,
unused in one Member State while it could be used in            Germany                     1 0 000 head,
others ;                                                        France                        3 000 head,
                                                                Ireland                           200 head,
Whereas since the Kingdom of Belgium, the                       Italy                           5 300 head,
                                                                United Kingdom                    300 head.
Kingdom' of the Netherlands and the Grand Duchy of
Luxembourg are united in and represented by , the       2.    The second part of 19 000 head shall be held as
Benelux Economic Union, any measure ' concerning        a Community reserve. _
the administration of the shares allocated to that
Economic Union may be carried out by one of its
Members,
HAS ADOPTED THIS REGULATION :
                                                                                Article 4
                        Article 1                       If requirements arise in Denmark for cattle referred to
                                                        in Article 1 ( 1 ), this Member State shall draw an
                                                        adequate share from the reserve, in so far as the
 1.    During the period from 1 July 1979 to 30 June    reserve permits.
 l98Qa Community tariff quota of 38 000 head shall
be opened within the European Economic Commu­           (') OJ No L 148, 28. 6. 1968, p. 24.
 nity in respect of the imports from third countries of P) OJ No L 25, 31 . 1 . 1975, p. 10.
 cows and heifers, other than those intended for        (') OJ No L 106, 12. 5. 1971 , p. 1 .
 slaughter, of the following mountain breeds : grey,    («) OJ No L 67, 15. 3. 1976, p. 1 .
 ---pagebreak---                          Article 5                                                  Article 9
 1.    If 90 % or more of the initial quota share of one   The Commission shall keep account of the amounts
of the Member States referred to in Article 3, or of       of the shares opened by Member States in accordance
that share less the amount returned to the reserve,        with Articles 3, 4 and 5 and shall inform each of them
where Article 7 has been applied, has been used up,        of the extent to which the reserve has been exhausted
that Member State shall immediately, by notifying the      as soon as it receives the notifications.
Commission, draw a second share, in so far as the
reserve permits, equal to 15 % of its initial share,     - The Commission shall, not later than 1 April 198Q
rounded off 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 1 , 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.
                                                                                    Article 9
3.     If, after the second share has been exhausted,
90 % or more of the third share drawn by one of-           Member States shall take all measures necessary to
these Member States has been used up, that Member          ensure that when additional shares are drawn pursuant
State shall, in accordance with paragraph 1 , draw a       to Article 4 or 5 it is possible for imports to be
fourth share equal to the third.                           counted without interruption against their accumu­
                                                           lated shares of the Community quota.
The same method shall be applied until the reserve is
exhausted.
                                                                                   Article 10
4. By way of derogation from paragraphs 1 , 2 and'
3, each of these Member States may draw shares lower
                                                           1 . Member States shall take all measures necessary
than those fixed in these paragraphs if there are          to ensure that access to the tariff quota in question is
reasons to consider that such shares might not be          restricted to cattle as specified in Article 1 ( 1 ) and (2).
exhausted. They shall inform the Commission of the
grounds which led them to apply this paragraph.
                                                           2. . They shall ensure free access to the shares allo­
                                                           cated to them for importers established in their terri­
                         Article 6                         tory.
                                                           3.    The extent to which the shares of the Member
The additional shares drawn in pursuance of Article 5
shall apply until 30 June 198u . ,                         States have been used up shall be recorded on the-
                                                           basis of imports submitted for customs clearance
                                                           under cover of declarations that they have been made
                         Article 7                         available for consumption.
Member States shall return to the reserve, not later
                                                                                   Article II
than 25 March 1 98Q the unused portion of their
initial share in excess, on 5 March 198Q 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                              Article 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
19 80 notify the Commission of the total imports of        are observed.
the animals in question effected up to 5 March 15 80
inclusive and charged against the tariff quota, the
amounts referred to in the second subparagraph and,                                Article 13
where appropriate, the proportion of their initial share
that they return to the' reserve.                         This Regulation shall enter into force on 2 July 1979 .
 ---pagebreak---                                    4
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at
                                                         For the Council
                                                           The President
 ---pagebreak---                                                   Proposai for a
                                    COUNCIL REGULATION (EEC) No -../ 79
                                                     o£ •••••••••
                 on the opening, allocation and administration of the Community tariff quota of
                 5 000 head of bulls, cows an# heifers, other than those intended for slaughter, of
                 certain Alpine breeds falling within subheading ex 01.02 A II b) of the Common
                                                     Customs Tariff
THE COUNCIL OF THE EUROPEAN                                   requirements which may arise in these Member
COMMUNITIES,          ■                                       States ; whereas, to this end, these Member States may
                                                              proceed to draw adequate shares from the Community
Having regard to the Treaty establishing the European         reserve which has been set up ; whereas, in order to
Economic Community, and in particular Article                 reflect as closely as possible the actual trend of the
       1 1 3 thereof,                                         market in question, the initial allocation must be
                                                              made in proportion to the requirements of each of the
                                                              Member States concerned, calculated in accordance
Having regard to the proposal from the Commission,            with statistical data concerning imports from third
                                                              countries during a representative reference period and
                                                              with economic prospects for the quota period in ques­
                                                              tion ;
Whereas the European Economic Community under­
took within the framework of the GATT to open an              Whereas, since the animals in question belong to
annual Community tariff quota of 5 000 head at a             certain specific breeds which are not specified as such
duty of 4 % for bulls, cows and heifers, other than'          in the statistical nomenclatures of the Member States,
those intended for slaughter, of certain Alpine breeds        no data on imports provided by the Member States
falling within subheading ex 01.02 A II b) of the            could be considered to be sufficiently accurate and
Common Customs Tariff ; whereas eligibility for such          representative to be used as a basis for the allocation
quota is subject to submission of the following docu­         in question ; whereas the extent to which Community
ments :                                                       tariff quotas for those animals, in the Community as
                                                             originally constituted, have been exhausted, and the
– bulls :               pedigree certificate ;               estimates made by certain Member States, enable the
– female animais : pedigree certificate or certificate        requirements of each of them as regards imports from
                        of registration in the herdbook,     third countries for the quota period envisaged to be
                                                             assessed as follows :
                        certifying purity of breed ;
Whereas the abovementioned tariff quota for the                       Germany                        250 head,
Deriod 1 July 1979 to 30 June 1980 should, therefore,                  France                        120 head,
je opened at a duty of 4 % ;                                           Italy                       4 630 head :
Whereas it is in particular necessary to ensure equal
ind continuous access for all Community importers to         whereas the^needs . of the United Kingdom and of
 he abovementioned quota, and the uninterrupted               Ireland may, in the absence of precise information, be
ipplication of the quota duties to all imports of the        assessed at 75 and 25 head respectively ;
inimals in question until the quota is exhausted ;
whereas, having regard to the principles defined
tbove, the Community nature of the quota can be
 respected by allocating the Community tariff quota          Whereas, in order to take into account the possible
 imong the Member States ; whereas possibilities for         trend of imports of the aforementioned animals into
 he use of such mountain breeds are, however, limited        the said Member States, the quota amount of 5 000
 »y special factors, both geographical and zootech-           head should be divided into two parts, the first part
 lical ; whereas the Benelux countries and Denmark           being allocated among certain Member States, the
 io not have regions suitable for breeding this kind of      second forming a reserve intended subsequently to
 rattle ; whereas, however, in view of such special          cover the requirements of these Member States when
 actors, the Community nature of the tariff quota in         their initial shares are exhausted and requirements
 (uestion should be preserved by making provision for        which may arise within other Member States ; whereas
                                                             in order to ensure a certain degree of security for
                                                              importers in the aforementioned Member States, the
                                                              first part of the Community quota should be deter­
 ---pagebreak---      mined at a comparatively high level which under the
     present circumstances may be about 70 % of the
    quota amount ;                                                  3 . For the purposes of this Regulation,' the above-
                                                                    mentioned cows and heifers shall be considered not
    Whereas the initial shares of those Member States
                                                                    intended . for slaughter if they are not slaughtered
    may be used up more or less rapidly ; whereas, in
                                                                    within four months following the date of their impor­
                                                                    tation.                                             .
    order to take this fact into account and avoid any              Derogations may, however, be granted in the event of
    break in continuity, it is important that that Member
    State having used up almost the whole of its initial            an act of God (disease, accident) duly attested by a-
    share should draw an additional share from the                  local authority certificate setting out the reasons for
    reserve ; whereas this must be done by each of these            the slaughter.
                                                                                                                             }
    Member States as and when each of its additional
   shares is almost entirely used up, and repeated as                j     ^5           quota shall be administered in accor­
    many times as the reserve allows ; whereas the initial           dance with the following Articles.
   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 2
  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                 within the framework of the quota referred to in
  essential that that State should return a considerable                Article 1 (1 ), the Common Customs Tariff duty for the
  part of such balance to the . reserve in order that part              animals referred to in the said paragraph shall be
  of the Community quota should not remain unused                       suspended at 4 %. –                           -
  in one Member State while it could be used in others ;
                                                                                                 Article 3
 Whereas, since the Kingdom of Belgium, the
 Kingdom of the Netherlands and the Grand Duchy of                      1 . A first part of 3 500 head shall " be " allocated
 Luxembourg are united in and represented by the                        among the Member States listed below. The shares
 Benelux Economic Union, any measure concerning                        shall apply from 1 July 1979 to 30 June 198Q subject
 the administration of the shares allocated to that                    to Article 7, and shall be as follows
 Economic Union may be carried out by one of its
 Members,
                                                                                 Germany                       150 head,
                                                                                 France                        100 head,
                                                                               ' Ireland                        25 head,
                                                                                 Italy                       3 150 head,
 HAS ADOPTED THIS REGULATION :                                                   United Kingdom                 75 head.
                                                                        2. The second part of 1 500 head shall be held as a
                                                                       Community reserve.
                            Article 1
 1.      During the period 1 July 1979 to 30 June I960,
a Community tariff quota of 5 000 head shall be
opened within the European Economic Community
in respect of the imports from third countries of bulls,
cows and heifers, other than those intended for
slaughter, of the following mountain breeds : the
mottled Simmental breed and the Schwyz and
Fribourg breeds, falling within subheading ex 01.02 A
II b) of the Common Customs Tariff.
2.      Eligibility for this tariff quota shall be subject to                                Article 4
the submission :
                                                                 If requirements arise in countries of the Benelux
– in the case of                                                 Economic Union or in Denmark for cattle referred to
      bu Ils :             of a pedigree certificate ;           in Article 1 (1 ), these Member States shall draw an-
                                                                 adequate share from the reserve, in so far as the
        in the case of                                           reserve permits.
        female animals :     of' a pedigree certificate or
                             certificate of registration in the (') OJ No L 148, 28. 6. 1968, p. 24.
                             herdbook, certifying purity of     (') OJ No L 25, 31 . 1 . 1975, p. 10.
                             breed.
                                                                (■>) OJ No L 106, 12. 5. 1971 , p. 1 .
                                                                («) OJ No L 67, 15. 3. 1976, p. 1 .
 ---pagebreak---                                                             m i  ua
                          AriicU î                                                     Article 8
 1.   . If 90 % or more of the initial share of one of the    The Commission shall keep account of the amounts
Member States referred to in Article 3, or of that share      of the shares opened by l^ember States' in accordance
less the amount returned to the reserve, where Article        with Articles 3, 4 and 5 and shall inform each of them
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 15 % of its initial share, rounded off               The Commission shall, not later than 1 April 1980 ,
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 (he balance available
State shall, in accordance with paragraph 1 , 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.
                                                                                       Article 9
3.      If, after the second share has been exhausted,
90 % or more of the 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 are drawn
State shall, in accordance with paragraph .1 , 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.                                         '*>    ■
                                                                                       Article 10
4. By way of derogation from paragraphs 1 , 2 and
3, each of these Member States may draw shares lower          1 . Member States shall take all measures necessary
than those fixed in these paragraphs if there are             to ensure that the access to the tariff quota in question
reasons to consider that such shares might not be             is restricted to cattle as specified in Article 1 ( 1 ).
exhausted. They shall inform the Commission of the
grounds which led them to apply this paragraph.               2. They shall ensure free access to the shares allo­
                                                              cated to them for importers established in their terri­
                          Article 6                           tory.
                                                              3.    The extent to which the shares of the Member
Additional shares drawn in pursuance of Article 5
shall apply until 30 June 1980 .                              States have been used up shall be recorded on the
                                                              basis of imports submitted for customs clearance
                                                              under cover of declarations that they have been made
                          Article 7                           available for consumption.
Member States shall return to the reserve, not later
                                                                                       Article 11
than 25 March 19 80 /he unused portion of their
initial share in excess, on 5 March 1980 /)f 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                                  Article 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
 19 8C^notify the Commission of the total imports of          are observed.
the animals in question effected up to 5 March 1980
inclusive and charged against the tariff quota, the
amounts referred to in the second subparagraph and,                                    Article 13
where appropriate, the proportion of their initial share
that they return to the reserve.                              This Regulation shall enter into force on I July 1979 .
 ---pagebreak--- Thi*  Regulailpn shall b« binding in its entirety and directly applicable In all Member
States.
Done at
                                                          For the Council
                                                            The President
 ---pagebreak--- FICHE FINANCIERE
1 . Ligne budgétaire concernée : Chap . 12 art . 120
2 . Base juridique :     art 113
3 . Intitulé de la mesure tarifaire î - '
    Propositions de règlements ( CEE) du Conseil portant ouverture , répartition
    et 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                 %
4 . Objectif :
  . Assurer le respect des obligations de la Communauté
5 . Mode de calcul :         .
    - N° du Î.D.C.                    : 01.02 A II b)
    - Volume du/des contingent(s ) s 38.000 et 5.000 têtes
    - Droits à appliquer              : 4 %
    - Droits du T.D.C.                : 16% + P.
6 . Perte de recettes :        *
    a) Valeur des 38.000 têtes : 20.900.000 UCE
    b) Valeur des 5.000 têtes    :    3 520.000 UCE
                                     24 420 000 UCE
        Perte à 12 %               '                     2.930.400 UCE
    c ) Poids des 38.000 têtes   : 18.696 T
           "     "   5.000 têtes :    2.505 T
                                     21.201 Τ
        Perte de prélèvement : 21.201 x      204,96 UC ■  5.431.696 UCE
            4.345.357 UC                                    '
          (l UC = 1,25 UCE)              .               8.362.096 UCE
    Perte de recettes par rapport à la période précédente : 3.153.340 UCE