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

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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.

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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 ... ; ...

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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. . .. / ...

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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.

•

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• 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

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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. ·

... / •,•.'

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... 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%. . .. ; ...

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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 •

. .. / ...

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.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.

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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

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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. '·

.;.

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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

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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,

... ; ...

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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 •

... ; ...

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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 •••

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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). .;.

··8-

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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