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PROPOSAL FOR A
RmULATION (EID) OF THE COUNCIL
. ~U( 7 4) 414 final
Brussels, 2 April 1974
on the opening, allooa.tion and administration of the Community tariff
quota of 30 000 head of heifers a.•·1d oows, not intended for
slaughter, of cer·~ain mountain breeds, fallil'lg wiihin subheading
ex Ol.O? A II b 2 of the Common Customs Tariff
PROPOSAL FOR A
RmULATION (EIDC) OF THE COUNCIL·
on the opening, allocation and administration of the Community tariff
quota of 5 000 head'of bulls, cows and heifers, not in:~ended
· for slaughter, of certain Alpine m~eeds falling within subheadings
ex 01.02 A II b 2 of the Common Customs Tariff
(submitted to the Council b.y the Commission)
COM(74) 414 final
~I
•
EXPLANATORY M1"110RANDUM
1. At the last multilateral GATT negotiations, the European Economic
Community undertook to open certain annual Community tariff
quotas including, in the agricultural sector, those set out
below:
CCT heading
No
ex 01.02 A II ~ 2
ex 01.02 A II'b 2
Description of goods
Cows and heifers, not intended fer slaughter, of the following mountain breeds: grey, brown, yellow and mottled Simmental breed and Pinzgau breed (conditions to be determined by the competent authorities of the Member State of ~est{n~tion)
Bulls, .cows and heifers., not intended for slaughter, of the follo\'ring 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 follo~ing requirements:
• bulls: pedigree
- female animals: pedigree or. certificate of registration in the herdbook certifying purity of breed
---------- ________ ._._.._._..... . ...
Quota volume
20 000 head
Quota duty
6%
5 000 4% head
2. In response to requests from the Swiss and Austrian authorities,
the tariff quo.tas in question have been open since l 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) Nos 1944/73 and 1945/73 of 16 July 1973 (QT No L 200 of
20 July 1973) for the period from 1 July 1973 to 30 June 1974.
-2-
3. In an exchange of letters tlith Austria dated 21 July 1972, the
Community undertook to increase, unilateral~, the size of the first tariff
quota set out above trom ~0 000 to 30. 000 hea.d and to lower the quota duty
from 6% to 4%.
4• In or.d~r. to meet Community obligations, it is,therefo~e n~cessar.y to
adopt Regulations on t}!.e opening, allocation and administration of the
Community tariff quotas.
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 th(), oa.se
of previous quota periods, this has beenlased largely on· the estimates
presented by the Member States, sinc.e specialized, complete statistical
d&te are not availab+e, and has taken ·into accoi:mt the necessity of meeting
the possil?le f'u.ture needs· ot the new Member Stat'es ~
The proposal for a Regulation submitted to the C~uncil _concerning the ., . . .
first tariff quota of 30 000 hea.cl oOf ·cattle set out above provides, as has
been accepted by the Counoii for the opening et-the same quota for previous
tariff periods, for the fiXing C?f a· first part to be allocated among Germe..ny,
France, Italy, Ireland and the United Kingdom; the ·only l.fember States which have
regions suitable for breeding this kind of cattle, in proportion to their
·expected requirements. The remainder.constitutes a Comm~ity reserve which
mav be drawn on not only by the above-mentioned Member ·states, but also, if , \ "
necessary, by the Benelux countries and by Denmark. In order to meet a:ny
needs which mey .a:'ise in the latter !4ember .States, the Community reserve·,
which is usually fixed at 3o% of the total quota, has been increased to 4<>%.
6. The proposed administration of the second tarif-f quota of 5 000 h~a.d of
oat~le set out above differs from that proposed in 5 only in .a.s.. mu.ch as the
first p~t constit.'!lt0s J~ of the, quota and the Community ~serve Jo%, to
take. ~ccount both of the lar~e. quantities· which can be exp~cted, already now,
to be counted a.gairu.rt the initj.a.l Italian share and the need to cover any ... ; ...
J
•
•
•
- 3 -
needs which Inai1 arise in the .Benelu.:x: countries and in Denmark •
1. As regards the tariff duty to be applied, the position is different in
the Community as originally constituted and in thenew Ilember States. For
the original Member States the duty is to be fixed at 4%. As for the new
Member States, it should be noted that, in pursuance of Article 59 the national
tariffs of the ne't'l ~·lember States are to be aligned on the Common Customs Tariff
by annual 2Cf/o stages beginning in 1973 - except in the course of applying
paragraph 4 of the above-mentioned article - that is, for beef and veal products 1
around 1 April each year, at the start of each marketing year.. Thus, before
expiry of the quota period in question, the new Hember States will have to
carry out two further alignments (April 1973 anJ 1974) on the Common Customs
Tariff.
8. The interpretation to be given to the phrase "not intended for slaughter"
was the subject of o.n exchange of views during the c?nsultation meeting of the
working party on Economic Tariff Problems held on 12 February 1974.
It was apparent from those discussions that, in the case of animals whose
importation is 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 certificate is not
required, a period of two months from the dey of importation would appear
the minimum period after which imported animals could be considered not to
be intended for slaughter.
This is w~ the proposal for a Regulation relating to 30 000 head of cattle
(Annex A) provides that, except in duly attested cases of force maj.~, the
animals mcy not be slaughtered within that two-month period and that the
Member States must restrict the application of the tariff quota to animals
satisf.ying all the specified requirements.
9. As an experiment, the Commission is proposing an "as and when" administra
tion system for both the tariff quotas, which system is alrea4Y applied in the
Member States who will use the quotas. . .. / ...
-4-.
10. In a general WB(! there is a problem for the tariff' duties to be applied,
because of' the present negotiations concerning the replacement of' the present,
mixed taxation system "customs duty-lovy" by a "Uniform basic levyt'
proposed by the Commission.
The Commission is aware of' the problem posed by developments of' the
situation and therefore wishes to maintain the possibility of' changing later
on its proposals. in the light of any necessities which ~ arise.
•
•
•
• Proposal for a
REGULATION (EE,..! OF THE :OCCI~Jlt
on the opening, allocation and administration of the Community tariff
quota of 30 000 head of heifers a~1d co\'rs, not intended for slaughter,
of certain mountain breeds, fallj.ng within su~)heading ex 01.02 A II b 2
of the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles 43 and 113 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament;
Whereas, at the last GATT multilateral negotiations the European
Economic Community undertook to open an annual Community tariff quota
.of 20 000 head at a duty of 6% for heifers and covrs, not intended for
slaughter, of certain mountain breeds falling within subheading
ex 01.02 A II b 2 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 destination;· whereas,
in an exchange of letters with Austria dated 21 July 1972, the
Community has undertaken unilaterally to increase the size of the
tariff quota from 20 000 to 30 000 head·and to lower the quota duty
from 6% to 4%;
Whereas, under Article 60 of the Act1 concerning the Conditions of
Accession and the Adjustments to the Treaties, the new Member States
are obliged to apply the Regulations of the common agricultural
policy from 1 February 1.973 onwa:-ds; whereas·, therefore, any
~------------------1oJ No L 73, 27 Narch 1972, P• 14.
-2- GUD/167/74 E ANNEX A
requirements which mtW o.rise in these Uomber States during the quota
period under consi<!era.tion should be taken into account in the Community
tariff quota in question; whereas the ·above-mentioned tariff quota for
the period from 1 July 1974 to 30 June 1975 should therefore be opened a.t
a duty of 4% for the Community as originally constituted and a.t a duty
corresponding to the provisions of the above-mentioned Act for the new ·.
l,iember States;
Whereas it is in particular Becessar,y to ensure equal and continuous a.cc~s
for all Community importers to the above-mentioned quota., and the uninterrupted
application of the quota duties, to all imports of the animals in question
until the quota is exhausted; whereas, having regard to the prinoipies defined
above, the Community mri!f quota. among the sei~ l•lembor States; whereas possi
bilities for the use.of ~uch mountain breeds are,. however, limited by special
factorst both geographical and zootechnica.l; whereas the Benelux countries
a.nd DenJ!lark do not have regions suitable for breeding this kind of cattle;
whereas, however, in view of such special factors, the Community nature of
the tariff quota in question should be preserved by making provision for
requirements which may arise in those Uember States; whorea13, in exceptional ' '
oases, the system provided for in Article 4 of this Regulation enables all ' ''
such factors to be taken into account; whereast in order to re.t'lect as closely
as possible the a.ctUD.l trend of the market in question, the initiai ailocation
among the three above-mentioned Member States. must be made 'in proportion to
the requirements of each of the ~~ember States concerned, calculated in a.ccor
danoo wi·th statistical data.· concerning imports from third countries during
a representative 'reference period and 't'lith economic prospects· for the quota
period in question; · ·
\fue.reas, since the anilllClls in question belong to certain specific breeds
which are not specifi~iod as such in the statistical nomenclatures of the
Member States, no information on imports provided by the Member States could
be considered to be sufficiently accurate and representative to be used·as a.
basis fer the a.J.location in question; wherea.S the extent to whioh·comm.unity
•
•
tad.ff quotas in the Community as originally constituted for those animals have been
exhausted, and the estimates made by certain Hember States enable the requiremer:to. ·
... / •,•.'
• •
... 3- GUD/167/74 E ANN.E:X A
of each of them as regards imports from third countries for the quota.
perioc envisage~ to be assessed as follows :
Germ~ 10 000 head
France
Italy
3 900 head
6 100 head;
Whereas, the needs of the United Kingdom and Irrel&"ld may, in the absence of
more precise information, be assessed respe~ as 300 and 200 head;
~lhereas, in order to take into account the possibls trend of imports of the
a.t'orementioned animals into the said Member States, the quota amount of
30 000 head should be divided into tl:O parts, the first being allocated
among certain Member States, the second formil1g a. reserve intended subse
quently to cover the requirements of thoseMember States when their initial
shnres are exhausted and requirements 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 determined at a comparatively high level which under the present circumstan
ces roey be 6Cf/o of the quota amount;
-1\'hereas, the initial shares of those l.~ember States may be used up fairly
rapidly; whereas, in order to take this fact into account and avoid any
b:-eak in continuity, it is important that that Member State having used up
almost the \vhole of its initial share should dravl an additional share from
~he reserve; where::1.s this must be done by each of these Member States as
and 1-.rhen each of :i.ts additional shares is almost entirely used up, and
repeated as many timEE as the reserve allows; whereas the initial and addi
tional shares must be available until the end of the quota period; whereas
such method of administration calls for olose cooperation between Member
States and the Commission, which must, in particular, be able to observe the
extent to which the quota a.M.ounts are used md inform Heober States thereof;
Whereas, if, at a specified date '!':ithin the quota period, a considerable
balance of the initial share of one or other of the Member States is left
over, it is essential that that State should return a considerable part of
such ba.lance to the reserve in order that part of the Community quota should
... / ...
- 4-ANNEX A
not remain unused in one Member State while it could be used in others;
Whereas since the Kingdom of Belgium, the Kingdom of the :iJetherlands a.nd
the Grand Dv.cey of Luxembourg are united in a.nd represcmted by the
Benelux Economic Union, any measure concerning the administration of
the shares allocated to "that Economic Union mey be carried. out by one
of its ~!embers ,
HAS ADOPTED THIS REGULAT!OJ.f :
. ._t\rticle 1
1. Durine the per~od from 1 July 1974 to 30 June 1975, .a Collliln111ity
tariff' quqta. of 30 000 head shall be opened l'ri.thin the European
Economic Community in respect of the imports from third countries
of cows and heifers, not intended for slaugh~er, of the grey, brown,
yelloN and I'!Ottled SiMillental breed a.nd Pinzga.u breed, falling itdthin
subhea.C.ing ex 01.02 A II b) 2 ~f the Coi!lillor.. CUsto!'!ls Tariff.
2. For the purposes of this Regulation, the above-mentioned cows and
heifers shall be considered npt to be intended for slaughter if
they are_ not slaughtered within two months following th~ date of
the~r. importation.
Dero~ations_ mey, 4owever, be granted in cases of f.oroe majeure
(dise.:l.Se, _accident) duly attested by a local authority certificate
setting out t:1e reason_s for slaughter trl.thin that period.
3. The said quo_ta shall b~. administrated in accordonce \·ri.th the
followi~s Articles.
.'lrticlc 2
1 1. :Iithin the frammi~_rk ?f the quotl'l rererred to in ~icle 1 , the
Common ~stoma Tariff duty for the animals .referred to in the said
paragraph shall be suspende9. at 4%. . .. ; ...
• •
' •
- 5-
2. :t>Teu Homber States shnll within the sc,id tariff quota, apply duties
calculated i:'l accordance Hith the relevant provisions of the Act of
Accession.
Article 3
1. A first part of 18 000 hec.d shall be allocated a:1ong the r•Icmbor
States listed below. The shares shall apply from 1 July 1974 to
30 June 1975~ subject to Article 7, anu shall be as follows :
Ger:ma.ny 8 8bo head
France 3 400 head
Ireland
Ito.ly
United Kingdom
200 head
5 300 hend
300 head.
2. The second part of 12 000 head shall be held as a Community reserve.
Article 4
If requirements arise in countries of the Benelux ~conomic Union or in . ,.
Denmark for cattle referred to in Article r·, those Member Countries shall
~~a.w an adequate share .from the reserve, in, so far as the reserve permits.
Article 5
1. If 9o% or more of the initial quota share of one of the Ilember States
referreQ to in Article 3, or of that share less the amount returned to
the reserve, where 4\rticlo 7 has been applied, hus been used up, that
Member State shall imrnedio.tely, by notifying the Commission, draw a second
share, in so far as· the reserve permits, equal to 15 % of its initial
sharo, rounded off upwards, if necessar,y, to the next ~~it •
. .. / ...
-6 -
.ANNEX A
2. If, after the initial share has boon exh~usted, 90% or more of
the second share drawn by one of those Member States has been
used up, that Member State shall, in accordanc~ with paragraph l,
immediately draw a third share equal to 7.5% of its initial share,
rounded cff upwards, if necessary, to the next unit.
3· If, after the second shc.re has been exhausted, 9056 or more of the
third shar~ drawn by one of these Member States has been used up,
that Member State shall, in accordance with paragraph l, draw a
fourth share equal to the third.
The same method shall be applied until the reserve is eAhausted.
4. By way of derogation from paragraphs 1, 2 and 3, each of these
Member States may draw shares lower than those fixed in these
paragraphs if there are reasons to consider that such shares
might not be exhausted. They shall inform the Commission of the
grounds which led them to apply thi.s .. paragraph.
J~.rticle 6 . ----Additional shares drawn in pursuance of Article. 5 shall apply until
30 June 1975.
.i.rticlo 7 --- -- -If, by 5 ..:'.pril 1975, a Member State has not exhausted its initial
share as fixed in Article 3 or as resulting from the.npplication Of
Il.l'ticle 4, it shall, not later than 25 .~pril 1975, return to the
r~scrve the unused proportion of this share in excess of 20% of the
initial amount. It may return a larger.quantity if there are reasons
to consider that such quantity might not be used up.
The Member States shall, not later than 25 April 1975 9 notify the
Commission of the total imports of the animals in question effected
up to 5 April 1975 inclusive and counted against the tariff quota and,
where appropriate, the proportion of their initial share that they
return to the reserve.
f·
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- 7 -.~NEX 1. ---
Article 8 ---The Co~ission shall keep accounts of tae amounts of the shares
opened by Member States in accordance with Articles 3, 4 o.nd 5 and
shall inform each of them of the extent to which the reserve has been
exhausted as soon as it receives the notifications.
The CorJmission shall, not later than l Hay 1975, notify Member States
o£ the amount in the roserve after the return o£ shares pursuant to
..\rticle 7•
The Commission shall ensure that any drawing which exhausts the reserve
is limited to the balance available and, to this end, shall specify
the amount thereof to the Member State making the last drawing.
~icle 9
The Member States shall take all measures necessary to.ensure that
when additional shares ~re drawn pursuant to .'l.rticle 4 or 5 it is
possible for imports be counted without interruption against their
accumulated shares of the Community quota.
.. - 8.-
Provisions concerning all Member States
.h.rticle 10 ---1. Member States shall ta~c all rueasur~s ne?&ssary to ensure that
access to the tariff quota in question is restricted to cattle
af3 specified in :~ticlo 1 (l) and (2).
2. T~ey sh3ll ensure free ac0ess to the 3hares allocated to them
for ioporters establish~d in their territory.
3· Member States shall count th~ animals in quest~cn against their
shares as the animals are presented for customs clearance under
cover of entries for home use.
4. The extent to which th~ she.res of the Member St~tes have been used
up shall be recorded on the oasis of imp0rts counted as specified
in paragraph 3.
Member States shall inform th~ Commission at regular intervals of
imports actually charged against their shares.
i:..rticle 12 -----....o;c-The Member States and the Commission shall cooperate closely to ensure
that the provisions of this Regulation are observed.
This Regulation shall enter into force on 1 July 1974.
This Regulation shall be binding in its entirety and directly
applicable in all Member States.
Done ~t Brussels, For the Council
The President
. ' •
ANNEX B
Proposal for a
RmUL.i.TION (EEC l OF W ggs~a~.._-. -----
on the opening, allocation and administration of the Community
tariff quota of 5 000 head of bulls, cows an~ heifers, not
intended for slaughter, of certain Alpine breeds falling
within subheadings ex 01.02 A II b 2 of the Common Customs
Tariff
'l'HE COUliJCIL OF THE EUROPErili COMKUNITIES,
Having regard to the Treaty establishing the Eltropea.n Economic Commu.ni ty,
and in particular Articles 43 and 113 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the Eu.ro:pean Parliament;
Whereas, at the last GlTT multilateral negotiations, the European Economic
Commu.ni ty undertook to open an annual Commu.ni ty tariff quota of 5 000 head
at a duty of 4% for bulls, cows and heifers, not intended for slaughter,
of certain .Alpine breeds falling within subheading es 01.02 A II b 2 of
the Common Customs Tariff; whereas eligibility for such quota is subject
to submission of the following documents:
-bulls: pedigree,
- female animals: ;pedigree or certificate of registration in the herdbook
certifying purity of breed;
Whereas, under Article 60 of the Act1 concerning the Conditions of Accession
and the Adjustments to the Treaties, the new Member States are obliged to
apply the Regulations of the common agricultural policy from 1 February
1973 onwards; whereas any requirements which may arise in these Member
States during the quota period under consideration should, therefore, be
taken into account in the Commu.ni ty tariff quota in question; whereas the
abovementioned tariff quota for the period from 1 July 1974 to 30 June 1975 should, therefore, be opened at a duty of 4% for the Community as originally
consiituted and at a dut,y ~orresponding to provisions of the 1 -OJ No L 73, 27 March 1972, p. 14. '·
.;.
- 2 -
above-mentioned Act for the new Member States;
vlhereas, it is in po.rticular necessary to ensure equal and continuous access
for all Community importe;r$.·to .the ,above-mentioned quota., and the uninterrup
ted application of the quota duties to all imports of the ani~als in question
until the quota is exhausted; wherea.o, having regard to the principles defined
above, the Community nature of the ·quota can be respected by allocating the
Community tariff quota among theW~mber States; whereas possibilities for the
use of such mou.ntdn breeds are., however, limited by spe·cial factors, both
geographi.cal and. zootechnioal; ~rhereas Ba"leltlX countries and Denmark do not
have regions suitcble for breeG.ing this kind of cattle; whereas, however, in
view of such special factors, the Community nature of the tariff quota
in question should be preserved by making provision for requirements which
IDa\Y' arise in these i:!Iember Sta·i;es; wherens, in exceptional cases, the system
provided for in Article 4 of this Regulation enables all such factors to be
·taken fnto account; whereas, in order to reflect as closely as possible the
actual trand of the market in question, the initial allocation must be made
in proportion to the requirements of each of the Member States concerned,
calculated in accop~ance with statistical data concerning imports from third '
countries during a representative reference period and with eco~omic p~ospects I
~for· the quota period in qtiestion;
t-1hereas; since the anirtla.ls in' question belong tb cert~in spec~fic.breeds which
are not ·specified as such in the stdistical nomenclatures of the Member . ' . ~- . . -~ . . .
S·l;ates, no information on imports provided by the !t!ember States oould be
considered to be sufficiently accurat~ and representative to be used as a '• .
basis for the allocation in question; whereas the extent to which .Community
'tariff'quotas, in tho Community as originqlly constituted, for .those animals
have been exhausted, ~~d the estimates made by oortain Member States, enable
_the requirem.~ts of each of them as regards imports from third countries for
the quota period env·i·sa.ged t.o be assessed· as follows
. Germa.ny 250 head
France
.. ItalY;
120 head
4 630 head
... / ...
' ~ ...... "' . . ~
•
•
- 3 -
whereas, the needs of tho United Kingdom and Ireland may, in the absence of
more precise information, be assessed respectively 75 and 25 head;
tf.hereas, in orC!er to take into account the possible trend of imports of the
aforementioned animals into the said Me:-:1ber States, the quota. amount of 5 000
head shO'.lld be divided into two parts, the first part being allocated among
certain Member Statc.s, the second formi:ng a reserve intended subsequently to
cover the requirements of these I.1:cmber States when their initial shares are
exhausted a.nd require~ents which m~ 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. determined at a. comparatively high level which under the present circumstan
ces rney be about 70 % of the quota amount;
ifuereas, the initial shares of those Member States mey be used up fairly rapidly;
whereas, in or.der to take this fact into account and avoid any break in conti
nuity, it is important that that Member State having used up almost the whole
of its initial share should drat-1 a.n additional share from the reserve ; whereas ~··}:
this must be done by each of these Memher State as and when each of its additional shares is almost entirely used up, ~nd repeated as manY time as
the reserve allows; whereas the initial and addition~l shar~s must oo ava2~aq1e until the end of the quota period; whereas such method of administration calls
for close cooperation between Member Stn.tes a.nd the Commission, which must,
in particular, be a.ble to observe the extent to which the quota amounts are
used a.nd i:nfo::-m Uember Sto.tes thereof';
Hhereas, if, o.t a specified do.te within the quota. period, a considerable balance
of the initial share of one or other of the Uember·. States is left over, it is
essential tho.t that State should return a considerable part of such balance to
the reserve in order that part of the Community quot~ should not remain unused
in one ~~ember State while it could be used in others;
Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the
Grand Ducey of Luxembourg are united in a.nd represented by the Benelux Economic
Union, any measure concerning the administration of the shares allocated to
that Economic Union muy be carried out by one of its Members,
... ; ...
- 4-
HAS ADOPTED THIS REGULATION :
Article 1
· 1. During the period from 1 July 1974 to 30 June 1975, 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, eows
and heifers, not intended for slaughter, of the mottled Simmental breed
and the ·Schwyz t>nd Fribourg breeds, falling within subheading ex.. 01.02
A.II b 2 of the Common Customs Tariff.
2. Eligibility for this tariff quota shall be subject to the submies.ion
- in the case of bulls : of a pedigree certificate
- in the case of fema.:e ani~ls of a pedigree certificate or certificate of reaistra.tion in the herdbook, certif,ying purity of breed.
3. The said quota. shall be aeministratcd in.accordance.with the following
Articles.
Article 2
1. Within tho framework of the quota. referred to in Article 1 (1), the Common
Customs Tariff duty for the animals referred to in the said paragraph shall
be suspended at 4%.
2. Member States shall within the said tariff quotas o.ppiy duties calculated in
a.ocordanoo with the relevant provisions of the Act of Accession •
... ; ...
••
•
• •
- 5-
Artic1 c 3
1. A first part of 3 500 hee1.d shall be alloce.ted among the Member States
listed below. The shares shall apply from 1 July 1974 to 30 June 1975,
subject to Article 7, and shall be as fol:ows ;
Germany 150 head
France 100 head
Ireland 25 head
Italy 3~150 head
United Kingdom 75 head.
2. The second part of 12 000 head shall be held as a Community reserve.
Article 4
If requirements arise in countries of the Benelux Economic Union or in
Dcnrncrk for cattle referred to in Article 1 (1), these Member countries
shall dra\.r all adequate share from the reserve, in so far as the reserve
permits.
Articl~
1. If 9o% or more of the ini tiel share of one of the !!ember States referred
to in Article 3, or of that sl~.re less the amount returned to the reserve,
Tr.rhere Art.icle 7 has been applied, has been used up, that 1-1ember State
shall i~~ediatoly, by noti~ing the Commission, draw a second share, in
so far as the reserve permits, equal to 15% of its initial share, rounded
off U?wards, if necessary, to the next unit.
• •• j •••
-6-
2. If, after the initial share has been exhausted, 90% or more of the
second share drawn b,y one of these Member States has been used up, that
Member State shall, in aocordance with paragraph 1, immediately dre.w
a third share equal to 7.5 % of its initial share, rounded off upwards,
if necessar,y, to the next unit.
3. If, after the second share has been exhausted, 90% or more of the third
share drawn by one of these Member States has been used up, that
Member State shall, in accordance with paragraph 1, draw a. fourth share
equal to the third.
The same method shall be applied until the reserve is exhausted.
4. By way of derogation. from paragraphs 1, 2 and 3, each of these Member
States may draw shares lower than those. fixed in these paragraphs if
there are reasons to consider that such shares might not be exhausted.
They shall inform the Commission of the grounds which led them to apply
this paragraph.
r .. rticle 6 - -Additional shares drawn in pursuance of Article 5 shall apply until 30
June 1975.
Article 7
Jl, 1U 5 ll.pril 1975, a Member State ha.s not exhausted its initial share as
fixed illll'ttde.} crq _.. resulting from the application of Article' 4, it
shall r not later than 25 f .. pril 1975, return to the reserve the unused
propo~ion of the share in excec~ of 2~ of the initial amcunt. It II1a\Y
return a. l~:rger quantity if there are reasons to consider tha.t such
quantity might not be used up.
The Member States, shall not later than 25 April 1975, uotify the Commission
of the total il"3POl·ts of 'the animals in question effected up to 5 April 1975
inclusive and charged against the tariff quota and, Where appropriate, the
proportion of their initial ~~ota share thGy return to the ~eserve •
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The Commission shall keep accounts of the amounts of the shares opened by
Member Sta.tes in nccordance with A:cticlES 3, 4 and 5 and, shall inform each
of them of the extent to which the :resArve has been exhaustec! as soon as
it receives the notifications.
The Commission shallt not later than 1 M~ 1975, notifY Member States of
the amount in the reserve after the return of shares pursua1t to Article 7.
The Commission shall ensure that ar~ drawing which exhausts the reserve
is limited to the balance available and, to this end, shall specify the
amount thereof to the Member state making the last drawing.
erticle 2.
The Member States shall take all measures necessary to ensure that when
addi tione.l shares are drawn pursuant to J .. rticle 4 or 5 it is possible for
imports to be counted without interruption against their accumulated
shares of the Community quota.
(
Article 10
1. Member States shall take e.ll measu.res neoesse.r-.r to ensure that the
a~0ess to the tariff quota in ~u.estion is restricted to cattle as
specified in Article 1(1) and (2). .;.
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2. They shall ensure free e.ccess to the shares allocated to them for
importers established in their territory.
3. Member States shall count the animals in question against their shares
as the animals are presented for customs clearance under cover of
entries for hoae QBe.
4. The extent to which the shares of the Member States heve been used up
shall be recorded on the basis of imports counted as specified in
paragraph 3 •
Article 11
The Member States sha.ll infom the Commission a.t regular intervals of
imports actually oha.rged a.gafnst their shares • ·
Ar'ticle 12
The Member States and the Commission shall cooperate closely to ensure
that the provisions of this Regulation are observed.,
Article 13 -This Regulation shall enter into force on 1 July 1974.
This Regualtion shall be binding in its entirety and direct~ applicable
in all Member,States.
Done at Brussels,
For the Council
The President
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