28. 5. 97 Official Journal of the European Communities No L 137/3 COMMISSION REGULATION (EC) No 935/97 of 27 May 1997 opening and providing for the administration of 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 1997 to 30 June 1998 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1095/96 of 18 June 1996 on the implementation of the concessions set out in Schedule CXL drawn up in the wake of the conclusion of the GATT XXIV.6 negotiations ('), and in particular Article 1 (1) thereof, Whereas for bulls, cows and heifers, other than those intended for slaughter, of the mottled Simmental breed and the Schwyz and Fribourg breeds and for cows and heifers, other than those intended for slaughter, of the grey, brown, yellow and mottled Simmental breed and the Pinzgau breed, the Community has undertaken, in the framework of the World Trade Organization (WTO), to open two annual tariff quotas each of 5000 head at rates of duty of 6% and 4 % respectively; whereas those quotas should therefore be opened for the period 1 July 1997 to 30 June 1998 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 in- terested traders within the Community and of uninter- rupted 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 tradi- tional traders (first part) and traders involved in the cattle trade (second part); whereas the first part should be allo- cated to traditional importers in proportion to the number of animals imported under similar quotas between 1 July 1994 and 30 June 1997 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 coun- tries 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 () OJ No L 146, 20. 6. 1996, p. 1. must be from countries which are third countries for them at the time of import; Whereas, subject to the provisions of this Regulation, Commission 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 (?), as last amended by Regulation (EC) No 2350/96 (*), and Commission Regulation (EC) No 1445/95 of 26 June 1995 on rules of application for import and export licences in the beef and veal sector and repealing Regulation (EEC) No 2377/80 (%), as last amended by Regulation (EC) No 266/97 (%), are applicable; Whereas Article 82 of Council Regulation (EEC) No 2513/92 of 12 October 1992 establishing the Community Customs Code (%), as last amended by Regulation (EC) No 82/97 (), 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 experience has shown that importers do not always inform the authorities which have issued the import licences of the number and origin of the animals imported under the quotas concerned; whereas this infor- mation is important for assessing the market situation; whereas a security relating to provision of that informa- tion should be provided for; Whereas provision should be made for the Member States to forward information on the imports in question; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal, () OJ No L 331, 2. 12. 1988, p. 1. () OJ No L 320, 11. 12. 1996, p. 4. () OJ No L 143, 27. 6. 1995, p. 35. () OJ No L 45, 15. 2. 1997, p. 1. (9 OJ No L 302, 19. 10. 1992, p. 1. () OJ No L 17, 21. 1. 1997, p. 1.