CELEX: 51976PC0019
Language: en
Date: 1976-01-28
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL on the opening, allocation and administration of the Community tariff quota of 30 000 head of heifers and cows, not intended for slaughter, of certain mountain breeds falling within subheading ex 01 02 A II b) 2 bb of the Common Customs Tariff #Proposal for a REGULATION (EEC) OF THE COUNCIL on the opening, allocation and administration of the Community tariff quota of 5 000 head of bulls, cows and heifers, not intended for slaughter, of certain Alpine breeds falling within subheading ex 01 02 A II b) 2 bb of the Common Customs Tariff (submitted to the Council by the Commission)

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DE LA COMMISSION
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DOCUMENTS "COM"
COM (76) 19
Vol. 1976/0011
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                          COM ( 76 ) 19 final .
                •      a                                  Brussels , 28 January 1976 *
                   «               Proposal        for a
                         REGULATION ( EEC ) OP THE COUNCIL
                                                                                    .. (
        on the opening, allocation and administration of the Community
         \                                     .
        tariff quota of 30 000 head of heifers and cows ,
                                                             \
        not intended for slaughter , of certain mountain breeds falling
        within subheading ex 01 02 A II b ) 2 bb of the Common Customs
        Tariff
                               .                                             -
                                  »  ■           I      >
             !                    Proposal         for a
                         REGULATION ( EEC ) OP THE COUNCIL                 ■. A
        onj the opening, allocation and administration of the Community .
        tariff quota of 5 000 head of bulls , cows and heifers ,
        not intended for slaughter , of certain Alpine breeds falling
        within subheading ex 01 02 A II b ) 2 bb of the Common Customs
        Tariff                                            - V ,
                { submitted to the Council by the Commission)
                              ' -r.     ''          1
                     ■                      X.
                    M/ ♦£ > "              ' và
                   ICV J     ^ ,       S      V
                   fel                       la
C0M(76 ) 19 final .        '
 ---pagebreak---                           EXPLANATORY MEMORANDUM
 1 . At the last multilateral GATT negotiations , the European Ecpnomic
     Community undertook to open certain annual Community quotas including ,
     in the agricultural sector , those set out below :
       CCT
                                                                  Quota              Quota
     heading                 Description of goods
       No
                                                                  volume             duty
     ex 01.02 A    Cows and heifers , not intended for
        II b ) 2   slaughter , of the following moun­
         bb )      tain breeds : grey , brown , yellow
                   and mottled Simmental breed and
                   Pinzgau breed ( conditions to be         !
                   determined by the competent
                   authorities &f the Member State                20 000             6 %
                   of destination )                                head
     ex 01.02 A    Bulls , cows and heifers , not inten­
        II b ) 2   ded for slaughter , of the following
         bbD
                   Alpine breeds : mottled Simment&l
                   breed and Schwyz and Fribourg breeds .
                   If they are to come within the quota ,
                   animals of the breeds in question
                   must satisfy the following require­
                   ments :
                   – bulls : pedigree
                   - female animals : pedrigree or                 5 000             k %
                     certificate of registration in the            head
                     herdbook certifying purity of
                     breed
2 . In response to requests from the Swiss and Austrian authorities , the
    tariff quotas in question have been open since 1 July 1970 and cover
    the period from 1 July in each year to 30 June in the following year .
    These quotas were last 'opened by Regulations (EEC) N OB 1 587 /75 . and /
    1588/75 o£ 2k June 1975 (oj No L 163 of 26 June 1975 ) for the perioi.
    from 1 July 1975 to 30 June 1976 *   ^       :.. .
                                                       » *7,  i-J
                                                                         • 4 •/• • •
 ---pagebreak---  3 * In an exchange of letters with Austria dated 21 July 1972 » the Com­
      munity undertook to increase , unilaterally , the size of the first
      tariff quota set out above from 20 00C to 30 000 head and to lower the        <
      quota duty from 6 % to h
 k . 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 197 6 to
     30 June 1977 .
                                                                        I · ·
     This is the object of the proposals annexed hereto .
5 < As regards the allocation of the tariff quotas and , more especially ,
     the fixing of initial shares , it should be noted that , as in the case
     of previous quota periods , this has'been based largely en the estimates
     presented by the Member States , since specialized , complete statistical
   , date are not available , and has taken into account the necessity of
     meeting the possible future needs of the new Member States .
     The proposal for a Eegulation submitted to the Council concerning the
     first tariff quota of 30 000 head of cattle set out above provides
     for the fixing of a first part to be allocated among proportionally to
      their forecast needs among certain Member States among which are the Benelux
      countries , Germany , France , Ireland , Italy and the United ■ '
     Kingdom .                              The remainder constitutes a Community
     reserve which may be drawn up on not only by the above-mentioned
     Member StateB , but also , if necessary , .                               '
     by Denmark. In order to meet any needs which may arise in the'
     latter Member State , the Commvmity reserve , which is usually fixed
     at 30 % of the total quota, has been increased to about 37% . •
6 . The proposed method of administration of the second tariff quota of 5 000 head
     of cattle 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 drawn against the initial Italian share
 ---pagebreak---                                  3
     forthwith and the need to cover any needs which may arise in the
     Benelux countries and in Denmark .
7.  As regards the tariff duty to be applied , the position is different
     in the Community as originally constituted and in the new Member
    States . For the original Member States the duty is to be fixed
    at 4% .
   As for the new Member States , in pursuance of Article 59 , the national
    tariffs of the new Member States are to be aligned on the Common Customs
    Tariff by annual 20% stages beginning in 1973 - except insofar as
    paragraph 4 of the above-mentioned article applies - that is , for beef
    and veal products , around 1 April each year , at the start of each
   marketing year .
8. The interpretation to be given to the phrase "not intended for
   slaughter " was the subject of an exchange of views during 1974 .
   It was apparent from those discussions that , in the case of animals
   whose importation was subject to submission of a breeding certificate
    ( certificate of pedigree or of registration in;:the herdbook) , checking
   the purpose for which the animals are in fact used would be pointless
   in view , in particular , of the high price of such animals . Assuming
   that such a certificate is not required , a period of 4 months from
   the day of importation would appear hhe minimum period after which
   imported animals could be considered not to be intended for slaughter .
   This solution was adopted by the Council as an experiment for the
   period from 1 July 1974 to 30 June 1975 and was then adopted one more
   for the following tariff period .
   Providing no new aspects arise , this solution is proposed for the
   coming quota period also .
 ---pagebreak---                                                                                                           ΑίΓΝΕΧ Α
                                                         Proposal for a
                                 REGULATION (EEC) N00../76 OF THE COUNCIL
                                                         of
                   on the opening, allocation and administration of the Community tariff quota of
                   30 000 head of heifers and co^s other than those intended for slaughter, of
                   certain mountain breeds, falling within subheading ex 01.02 A Ii b) 2 bb ) of the
                                                    Common Customs Tariff
     THE COUNCIL OF THE EUROPEAN                                  the Community as originally constituted and at a duty
     COMMUNITIES,                                                corresponding to the provisions of the abovemen-
                                                                  tioned Act for the new Member States ;
     Having regard to the Treaty establishing the European
     Economic Community, and in particular Articles 43           Whereas, it is in particular necessary to ensure equal
     and 113 thereof ;
                                                                 and continuous access for all Community importers to
                                                                 the above-mentioned quota, and the uninterrupted
     Having regard to the proposal from the Commission ;         application of the quota duties to all imports of the
                                                                 animals in question until the quota is exhausted ;
                                                                 whereas, having regard to the principles defined j
     Having regard to the Opinion of the European Parlia­        above, the Community nature of the quota can be !
     ment
                                                                 respected by allocating the Community tariff quota
                                                                 among the Member States ; whereas possibilities for
     whereas the European Economic Community under­              the use of such mountain breeds are, however, limited
    took within the framework of the GATI" to open an            by special factors, both geographical and zootech­
    annual Community tariff quota of 20 000 head at a            nical ; whereas Denmark does not have regions
    duty of 6 % for heifers and cows other than those            suitable for breeding this kind of cattle ; whereas,
    intended for slaughter of certain mountain breeds            however, in view of such special factors, the Commu­
    falling within subheading ex 01.02 A II b) 2bb ) of          nity nature of the tariff quota in question should be
the Common Customs Tariff ; whereas eligibility for such         preserved by making provision for requirements
    quota is subject to conditions to be determined by the       which may arise in this Member State ; whereas to this
    competent authorities of the Member State of destina­        end, this Member State may proceed to draw adequate
    tion ; whereas, in an exchange of letters with Austria       shares from the Community reserve which has been
    dated 21 July 1972, the Community has undertaken             set up ; whereas, in order to reflect as closely as
    unilaterally to increase the size of the tariff quota from   possible the actual trend of the market in question ,
    20 000 to 30 000 head and to lower the quota duty            the initial allocation must be made in proportion to
    from 6 "/o to 4 % ;                                          the requirements of each of the Member States
                                                                 concerned, calculated in accordance with statistical
    Whereas, under Article 60 of the Act (!) concerning          data concerning imports from third countries during a
    the conditions of accession and the adjustments to the       representative reference period and with economic
    Treaties, the new Member States are obliged to apply         prospects for the quota period in question ;
    the Regulations of the common agricultural policy
    from I February 1973 onwards ; whereas, therefore,
    any requirements which may arise in these Member              Whereas, since the animals in question belong to
    States during the quota period under consideration            certain specific breeds which arc not specified as such
    should be taken into account in the Community tariff          in the statistical nomenclatures of the Member States,
    quota in question ; whereas the abovemcntioned tariff         no data on imports provided by the Member States
    quota for the period from I July 1976 to 30 June              could be considered to be sufficiently accurate and
     1977 should therefore be opened at a duty of 4 % for         representative to be used as a basis for the allocation
                                                                  in question ; whereas the extent to which Community
                                                                  tariff quotas for those animals in the Community as
    (4 OJ No L 73. 27. 3. 1972, p. 14.                           originally constituted have been exhausted, and the
 ---pagebreak---                                                            2
   estimates made by certain Member States enable the           the administration of the shares allocated to that
   requirements of each of them as regards imports from         Economic Union may be carried out by one of its
   third countries for the quota period envisaged to be         Members,
   assessed as follows :
           Bénélux                       1 500 head,
                                                                HAS ADOPTED THIS REGULATION :
           Germany                     1 0 000 head,
           France                        3 900 head,
           Italy                        6 1 00 head ;                                   Article Î
  whereas, in the absence of precise information the          • 1 . During the period from 1 July 197 6 to 30 June
  needs of the United Kingdom and Ireland may be                1977, a Community tariff quota of 30 000 head shall
  assessed at 300 and 200 head ;                               be opened within the European Economic Commu­
                                                                nity in respect of the imports from third countries of
  Whereas, in order to take into account the possible          cows and heifers, other than those intended for
  trend of imports of the aforementioned animals into        ' slaughter, of the following mountain breeds : grey,
  the said Member States, the quota amount of 30 000           brown, yellow and mottled Simmental breed and
  head should be divided into two parts, the first being       mottled Pinzgau breed, falling within subheading ex
  allocated among certain Member States, the second            01.02 A II b) 2 bb ) of the Common Customs Tariff .
  forming a reserve intended subsequently to cover the
  requirements of those Member States when their               2.     For the purposes of this Regulation, the above-
                                                               mentioned cows and heifers shall be considered not
  initial shares arc exhausted and requirements which
  may arise within other Member States ; whereas in            intended for slaughter if they are not slaughtered
  order to ensure a certain degree of security for impor­      within four months following the date of their impor­
                                                               tation .
  ters in the aforementioned Member States, the first
• part of the Community quota should be determined at
  a comparatively high level which under the present           Derogations may, however, be granted in the event of
  circumstances may be approximately 60% of the                an act of God (disease, accident) duly attested by a
  quota amount ;
                                                               local authority certificate setting out the reasons for
                                                               the slaughter.
  Whereas, the initial shares of those Member States           3 . The said quota shall be administered in accor­
  may be used up more or less rapidly ; whereas, in            dance with the following Articles.
  order to take this fact into account and avoid any
  break in continuity, it is important that that Member
  State having used up almost the whole of its initial                                  Article 2
  share   should   draw  an  additional    share  from the
  reserve ; whereas this most be done by each of these         1 . Within the framework of the quota referred to in
  Member States as and when each of its additional             Article 1 ( I ), the Common Customs Tariff duty for the
  shares is almost entirely used up, and repeated as           animals referred to in the said paragraph shall be
  many times as the reserve allows ; whereas the initial       suspended at 4 % .
  and additional shares must be available until the end
  of the quota period ; whereas such method of adminis­        2. Within the said tariff quota, the new Member
  tration calls for close cooperation between Member           States shall apply duties calculated in accordance with
  States and the Commission , which must, in particular,       the relevant provisions of the Act of Accession.
  be able to observe the extent to which the quota
 amounts are used and inform Member States thereof ;
                                                                                       Article J.
 Whereas, if, at a specified date within the quota             I.    A first part of 19 000 head shall be allocated
 period, a considerable balance of the initial share of       among the Member States listed below. The shares
 one or other of the Member States is left over, it is        shall apply from I July 1 97 7 to 30 June 1 97 6 subject
 essential that that State should return a considerable       to Article 7, and shall be as follows :
 part of such balance to the reserve in order that part                 Bcnc ux                      I 000 head,
 of the Community tariff quota should not remain
 unused in one Menfber State while it could be used in                  Germany                      8 800 head,
 others ;
                                                                        France                       3 400 head,
                                                                        Ireland                        200 head,
                                                                        Italy                        S 300 head,
 Whereas since the Kingdom of Belgium, the                              United Kingdom                  300 head .
 Kingdom of the Netherlands and the Grand Duchy of
 Luxembourg arc united in and represented by the              2.     The second part of 1 1 000 head shall be held as
 Benelux Economic Union, any measure concerning               a Community reserve.                 >
 ---pagebreak---                                                                    3
                                   Article 4
                                                                         The Member States shall, not later than 25 April 1977,
           If requirements arise in Denmark for cattle referred to       notify the Commission of the total imports of the
          in Article 1 ( I ), this Member State shal! draw an           animals in question effected up to 5 April 1977 inclu­
          adequate share from the reserve, in so far as the             sive and charged against the tariff quota, the amounts
          reserve permits.                                              referred to in the second subparagraph and, where
                                                                        appropriate, the proportion of their initial share that
                                                                        they return to the reserve.
                                  Article 5
          I. If 90 % or more of the initial quota share of one                                 Artide 8
         of the Member States referred to in Article 3, or of
         that share less the amount returned to the reserve             The Commission shall keep accounts of the amounts
         where Article 7 has been applied, has been used up'           of the shares opened by Member States in accordance
         that Member State shall immediately, by notifying the'        with Articles 3, 4 and 5 and shall inform each of them
         Commission, draw a second share, in so far as the             of the extent to which the reserve has been exhausted
        reserve permits, equal to 15% of its initial share             as soon as it receives the notifications.
        rounded off upwards, if necessary, to the next unit!
                                                                       The Commission shall, not later than 1 May 1977,
        iL o/ If* "ftCr the 'nitial share has l,een exhausted,         notify Member States of the amount in the reserve
        V(> h or more of the second share drawn by one of             after the return of shares pursuant to Article 7.
       these Member States has been used up, that Member
       Mate shall, in accordance with paragraph I , immedi­           The Commission shall ensure that any drawing which
       ately draw a third share equal to 7-S % of its initial         exhausts the reserve is limited to the balance available
       share,
       unit .
                rounded off upwards, if necessary, to the next        and, to this end, shall specify the amount thereof to
                                                                      the Member State making the last drawing.
      on o/ a''er            seconc' share has been exhausted,
      90 h or more of the third share drawn by one of
      these Member States has been used up, that Member                                       Arlicìe 9
      Mate shall, in accordance with . paragraph I , draw a
      fourth share equal to the third .                              Member States shall take all measures necessary to
                                                                     ensure that when additional shares are drawn pursuant
      The same method shall be applied until the reserve is
     exhausted .
                                                                     to Article 4 or 5 it is possible for imports to be .
                                                                     counted without interruption against their accumu- '
                                                                     lated shares of the Community quota.
     4. By way of derogation from paragraphs 1 , 2 and
     3 each of these Member States may draw shares lower
     than those fixed -n these paragraphs if there are                                       Artide Ì0
     reasons to consider that such shares might not be
     exhausted. 1 hey shall inform the Commission of the
     grounds which led them to apply this paragraph.                        Member States shall take all measures necessary
                                                                    to ensure that access to the tariff quota in question is
                                Article 6                           restricted to cattle as specified in Article 1 ( I ) and (2).
    The additional shares drawn in pursuance of Article 5           2. They shall ensure free access to the shares allo­
    shall apply until 30 June 1977.                                cated to them for importers established in their terri­
                                                                   tory .
Member States shall return to the reserv                           3.      The extent to which the shares of the Member
not later than 25 April 1977 , the unused                          States have been used up shall be recorded on the
portion of this initial share in excess ,                          basis of imports submitted for customs clearance
on 5 April 1977 , of 20/o of the initial                           under cover of declarations that they have been made
amount . They may return a larger quant r                          available for consumption .
mLn+?£e         afet feasons
quantity might not be
                                       consider that bu.
                                    used 0
                                                                                            Artide 11
                                                                   On request by the Commission , Member
                                                                   States shall inform it of imports
                                                                   actually charged against their shares .
    However, amounts for which import certificates have
    been .ssued but not used shall not be returned to the
    reserve .
 ---pagebreak---                                               4
                       Article 12                                                 Article 13
Member States and the Commission shall cooperate
closely to ensure that the provisions of this Regulation
arc observed.                                               This Regulation shall enter into force on 1 July 197
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.                                                                1
              Done at Luxembourg,
                                                                      For the Council
                                                                        The President
 ---pagebreak---                                                                                                                           ANNEX B
                                                  Proposal for a
                                  REGULATION (EEC) No. ,./l6 OF THE COUNCIL
                                                             e e « • o • •
                    on the opening , allocation and administration of the Community tariff quota of
                    5 000 head of bulls, cows and heifers, other than those intended for slaughter, of
                    certain Alpine breeds falling within subheading ex 01.02 A II b) 2bb ) of the
                                                   Common Customs Tariff
      THE COUNCIL OF THE EUROPEAN                                        respected by allocating the Community tariff quota
      COMMUNITIES,                                                       among the Member States ; whereas possibilities for
                                                                         the use of such mountain breeds are, however, limited
      Having regard to the Treaty establishing the European              by special factors, both geographical and zootech­
      Economic Community, and in particular Articles 43                  nical ; whereas Denmark does not have regions
      and 1 1 3 thereof ;                                               suitable for breeding this kind of cattle ; whereas,
                                                                        however, in view of such special factors, the Commu­
      Having regard to the proposal from the Commission ;               nity nature of the tariff quota in question should be
                                                                         preserved by making provision for requirements
      Having regard to the Opinion of the European Parlia­              which may arise in this Member State ; whereas to this
      ment     ;                                                        end, this Member State may proceed to draw adequate
                                                                        shares from the Community reserve which has been
     Whereas, the European Economic Community under­                    set up ; whereas, in order to reflect as closely as
     took within the framework of the GATT to open an                   possible the actual trend of the market in question, '
     annual Community tariff quota of 5 000 head at a                   the initial allocation must be made in proportion to
     duty of 4 % for hulls, cows and heifers, other than                the requirements of each of the Member States
     those intended for slaughter, of certain Alpine breeds             concerned , calculated in accordance \vith statistical
     falling within subheading ex 01.02 A II b) 2 bb ) of data concerning imports from third countries during a
the Common Customs Tariff ; whereas eligibility for such                representative reference period and with economic ,
     quota is subject to submission of the following docu­              prospects for the quota period in question ;
     ments :
    – hulls : pedigree certificate ;                                   •Whereas, since the animals in question belong to
    – female itmmals -. pedigree certificate or certificate             certain specific breeds which arc not specified as such
         of registration in the herdbook, certifying purity of          in the statistical nomenclatures of the Member States,
         breed ;                                                        no data on imports provided by the Member States
                                                                        could be considered to be sufficiently accurate and
    Whereas, under Article 60 of the Act (1) concerning                 representative to be used as a basis for the allocation
    the conditions of accession and the adjustments lo the              in question ; whereas the extent to which Community
    Treaties, the new Member States are obliged to apply                tariff quotas for those animals, iri the Community as 1
    the Regulations of the common agricultural policy                   originally constituted, have been exhausted, and the
    from 1 February 1973 onwards ; whereas any require­                 estimates made by certain Member States, enable the
    ments which may arise in these Member States during                 requirements of each of them as regards imports from
    the quota period under consideraliort should, there­                third countries for the quota period envisaged to be
    fore, be taken into account in the Community tariff                 assessed as follows :
    quota in question ; whereas the abovementioncd tariff
    quota for the period from I July 1976 to 30 June                             Germany                        250 head.
    1 977 should, therefore, be opened at a duty of 4 % for                      France                         120 licad ,
    the Community as originally constituted and at a duty                        Italy                       4 6.M) head ;
   corresponding to the provisions of the abovemen-
    tioned Act for the new Member States ;
                                                                      whereas - the needs of United Kingdom and
   Whereas, it is in particular necessary to ensure equal              Ireland ma            in the absence of precise
   and continuous access for all Community importers to
   the abovementioned quota, and the uninterrupted                    information , be assessed at 75 and 25 head :
   application of the quota duties to all imports of the
   animals in question until the quota is exhausted ;                  Whereas, in order to take into account the possible
   whereas, having regard to the principles defined                    trend of imports of the aforementioned animals into
   above, the Community nature of the quota can be                     the said Member States, the quota amount of S 000
                                                                       head should be divided into two parts, the first part
                                                                       being allocated among certain Member Slates, the
   H Oj No L 73, 27. 3. 1972, p. 14.                                   second forming a reserve intended subsequently to
 ---pagebreak---    cover the requirements of these Member States when     Fribourg breeds, falling within subheading ex 01.02 A
   their initial shares are exhausted and requirements    II b) 2bb ) of the Common Customs Tariff
  which may arise within other Member States ; whereas
  in order to ensure a certain degree of security for     2.    Eligibility for this tariff quota shall be subject to
  importers in the aforementioned Member States, the      the submission :
  first part of the Community quota should be deter­
  mined at a comparatively high level which under the    – in the case of bulls : of a pedigree certificate ;
  present circumstances may be about 70 % of the         – in the case of female animals : of a pedigree certif­
  quota amount ;                                              icate or certificate of registration in the herdbook,
                                                              certifying purity of breed.
  Whereas, the initial shares of those Member States
  may be used up more or less rapidly ; whereas, in       3 . The said quota shall be administered in accor­
  order to take this fact into account and avoid any     dance with the following Articles.
  break in continuity, it is important that that Member
  State having used up almost the whole of its initial
  share should draw an additional share from the                                    Article 2
  reserve ; whereas this must be done by each of these
  Member States as and when each of its additional        1.    Within the framework of the quota referred to in
  shares is almost entirely used up, and repeated as     Article 1 ( I ), the Common Customs Tariff duty for the
  many times as the reserve allows ; whereas the initial animals referred to in the said paragraph shall be
 and additional shares must be available until the end   suspended at 4 % .
 of the quota period ; whereas such method of adminis­
 tration calls for close cooperation between Member      2.     The new Member States shall within the said
 States and the Commission , which must, in particular,  tariff quotas apply duties calculated in accordance
 be able to observe the extent to which the quota        with the relevant provisions of the Act of Accession .
 amounts arc used and inform Member States thereof ;
                                                                                    Artide J
 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    1 . A first part of 3 425 head shall be allocated
 essential that that St3te should return a considerable  among the Member States listed below. The shares •
 part of such balance to the reserve in order that part  shall apply from 1 July 1976 to 30 June \ 97J , subject
 of the Community quota should not remain unused         to Article 7, and shall be as follows :
 in one Member State while it could be used in others ;            Germany                          1 50 head,
                                                                   France                           ! 00 head,
Whereas, since the Kingdom of Belgium, the                         Ireland                            25 head ,
                                                                   Itsiv                          3 1 50 head.
 Kingdom of the Netherlands and the Grand Duchy of                United Kingdom                     75 head#
 Luxembourg are united in and represented by the
 Benelux Economic Union, any measure concerning          2.     The second part of 1500 head shall be held as a
 the administration of the shares allocated to that      Community reserve.
 Economic. Union may be carried out by one of its
 Members,           '
                                                                                    A 1 tide 4
                                                         If requirements arise in countries of the Benelux
                                                         Economic Union or in Denmark ,
HAS ADOPTED THIS REGULATION :                                          these Member States shall draw an adequate
                                                         share from the reserve, in so far as the reserve permits.
                         Artide 1                                                   Artìdv J
                                                         !.     if 90 % or more of the initial share of one of the
 I. During the period from ! July 1 97 6 to 30 June      Member States referred to in Article 3, or of that share
1977, a Community tariff quota of 5 000 head shall be    less the amount returned to the reserve, where Article
opened within the European Economic Community            7 has been applied, has been used up, that Member
in respect of the imports from third countries of buils, State shall immediately, by notifying the Commission,
cows and heifers, other than those intended for          draw a second share, in so far as the reserve permits,
slaughter, of the following mountain breeds : the        equal to 15% of its initial share, rounded off
mottled Simmentai breed and the Schwyz and               upwards, if necessary, to the next unit.
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  2.    If, after the initial share has been exhausted,    with Articles 3, 4 and 5 and shall inform each of them
  90 % or more of the second share drawn by one of         of the extent to which the reserve has been exhausted
  these Member States has been used up, that Member        as soon as it receives the notification .
 State shall, in accordance with paragraph 1 , immedi­
 ately draw a third share equal to 7-5 % of its initial    The Commission shall, not later than I May 1977,
 share, rounded off upwards, if necessary, to the next     notify Member States of the amount in the reserve
 unit .                                                    after the return of shares pursuant to Article 7.
 3.     If, after th£ second share has been exhausted ,    The Commission shall ensure that any drawing which
 90 % or more of the third share drawn by one of           exhausts the reserve is limited to the balance available
 these Member States has been used up, that Member         and, to this end, shall specify the amount thereof to
 State shall, in accordance with paragraph I , draw a      the Member State making the last drawing.
 fourth share to the third .
 The same method shall be applied until the reserve is                             Article 9
 exhausted.
                                                          The Member States shall take all measures necessary
 4.     By way of derogation from paragraphs i , 2 and     to ensure that when additional        shares are drawn
 J, each of these Member States may draw shares lower      pursuant to Article 4 or 5 it is possible for imports to
than those fixed in these paragraphs if theri are          be counted without interruption against their accumu­
 reasons to consider that such shares might not be         lated shares of the Community quota.
exhausted. They shall inform the Commission of the
grounds which led them to apply this paragraph .
                                                                                  Article 10
                          Artic e 6                        1.    Member States shall take all measures necessary
                                                          to ensure that the access to the tariff quota in question
Additional shares drawn in pursuance of Article 5         is restricted to cattle as specified in Article I ( I ) and
                                                          (2-
shall apply until 30 June 197 .
                                                          2. They shall ensure free access to the shares allo­
                                                          cated to them for importers established in their terri­
                         Artide ?                         tory.
Member States shall return to the
reserve , not later than 25 April 1977 »                  3.     The extent to which the shares of the Member
the unused portion of their initial                       States have been used up shall be recorded on the
share in excess , on 5 April 1977 » of                    basis of imports submitted for customs clearance
20 % of the initial amount * They may                     under cover of declarations that they have been made
                                                          available for consumption .
return a larger quantity if there are
reasons to consider that such quantity
might not bs used *                                                               Article 11
However, amounts for which import certificates have
been issued but not used shall not be returned to the
reserve .                                               ,
                                                          On request by the Commission Member
                                                          States shall inform it of imports
The Member States shall, not later than 25 April 197 ,    actually charged against their
notify the Commission of the total imports of the         shares *
animals in question effected up to 5 April 197 inclu­
sive and charged against the tariff quota, the amounts                            Article 12            •
referred to in the second subparagraph and, where
appropriate, the proportion of their initial share that   Member States and the Commission shall cooperate
they return to the reserve.                  '            closely to ensure that the provisions of this Regulation
                                                          arc observed .
                         Artide 8
                                                                                  Artide 13
The Commission shall keep accounts of the amounts
of the shares opened by Member States in acroi'd *«v      This Regulation shall enter into force ori 1 July 197 6
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  This Regulation shall be binding in its entirety and directly applicable in all Member
' States.
                                                    .*·
  Done at Luxembourg,                                         '
                       !                                   For the Council
                       I                                   .
                                              ? •.           The President