Commission Regulation (EC) No 1485/95 of 28 June 1995 opening and providing for the administration of Community tariff quotas for the import of bulls, cows and heifers, other than those intended for slaughter, of certain Alpine and mountain breeds for the period 1 July 1995 to 30 June 1996

COMMISSION REGULATION (EC) No 1485/95 of 28 June 1995 opening and  providing for the administration of Community tariff quotas for the import of bulls, cows and  heifers, other than those intended for slaughter, of certain Alpine and mountain breeds for the  period 1 July 1995 to 30 June 1996
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of  the market in beef and veal  (1), as last amended by Regulation (EC) No 424/95  (2), and in  particular Article 12 (1) and (4) thereof,
Whereas the Community has undertaken, pursuant to the Agreement on Agriculture concluded during the  Uruguay Round of multilateral trade negotiations, to open an annual tariff quota of 20  000 head at  a rate of duty of 6  % for bulls, cows and heifers, other than those intended for slaughter, of the  mottled Simmental breed and the Schwyz and Fribourg breeds and an annual tariff quota of 5  000  head at a rate of 4  % for cows and heifers, other than those intended for slaughter, of the grey,  brown, yellow and mottled Simmental breed and the Pinzgau breed; whereas Council Decision 95/136/EC  of 14 March 1995 relating to the conclusion of an Agreement between the European Community and  Austria pursuant to Article XXVIII of the GATT  (3) unbinds the quota of 20  000 head and replaces  it with a tariff quota of 5  000 head at the same rate of duty; whereas those quotas should  therefore be opened for the period 1 July 1995 to 30 June 1996 and detailed rules adopted for their  application;
Whereas there should be a guarantee in particular of equal and continuing access to the said quotas  for all interested traders within the Community and of uninterrupted application of the customs  duties laid down for those quotas to all imports of the animals in question until the quotas are  exhausted;
Whereas these arrangements are based on the allocation by the Commission of the quantities  available to traditional traders (first part) and traders involved in the cattle trade (second  part); whereas the first part should be allocated to traditional importers in proportion to the  number of animals imported under similar quotas between 1 July 1992 and 30 June 1995 and to  traditional importers in the new Member States; whereas, in order to prevent speculation and given  the end-use, only quantities of a certain size representative of trade with third countries should  be taken into account as reference quantities for the allocation of the second part; whereas, for  all traders from the new Member States, imported animals must be from countries which are third  countries for them at the time of import;
Whereas, subject to the provisions of this Regulation, Commision Regulation (EEC) No 3719/88 of 16  November 1988 laying down common detailed rules for the application of the system of import and  export licences and advance fixing certificates for agricultural products  (4), as last amended by  Regulation (EC) No 1199/95  (5), is applicable;
Whereas implementation of the abovementioned Agreements requires a revision of the specific  detailed rules governing import licensing arrangements in the beef and veal sector, currently  provided for in Commission Regulation (EEC) No 2377/80  (6), as last amended by Regulation (EC) No  1084/94  (7), before 1 July 1995; whereas, to prevent problems arising in the practical application  of the current quotas, that Regulation should not apply and this Regulation should include the  necessary detailed rules for the import licences required;
Whereas Article 82 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the  Community Customs Code  (8), as amended by the Act of Accession of Austria, Finland and Sweden,  provides for customs supervision of goods put into free circulation at a reduced rate of duty on  account of their end-use; whereas imported animals should be monitored for a certain period to  ensure they are not slaughtered; whereas, in order to ensure that the animals concerned are not  slaughtered, a security should be required;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Management Committee for Beef and Veal,