COMMISSION REGULATION (EC) No 1636/95 of 5 July 1995 temporarily adapting the special import arrangements in the beef sector provided for in Council Regulation (EEC) No 715/90 with the view to the implementation of the Agreement on Agriculture concluded during the Uruguay Round of multilateral trade negotiations
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3290/94 of 22 December 1994 on the adjustments and transitional arrangements required in the agriculture sector in order to implement the agreements concluded during the Uruguay Round of multilateral trade negotiations (1), and in particular Article 3 (1) thereof,
Having regard to Council Regulation (EEC) No 715/90 of 5 March 1990 on the arrangements applicable to agricultural products originating in the ACP States or in the overseas countries and territories (2), as last amended by Regulation (EC) No 2484/94 (3) and in particular Article 27 thereof,
Whereas, as a result of the implementation of the Uruguay Round Agreement on Agriculture, variable levies are replaced by fixed duties as from 1 July 1995; whereas, as a consequence, it is necessary to temporarily adapt a certain number of provisions currently laid down in Commission Regulation (EEC) No 970/90 of 18 April 1990 laying down detailed rules for the application in the beef and veal sector of Council Regulation (EEC) No 715/90 on the arrangements applicable to agricultural products and certain goods resulting from the processing of agricultural products originating in the African, Caribbean and Pacific States or in the overseas countries and territories (4), as last amended by Regulation (EC) No 3808/92 (5); whereas it appears useful to incorporate into one Commission Regulation all provisions relating to the import arrangements for ACP beef in particular those on applications and issuing of import licences;
Whereas Regulation (EEC) No 970/90 should be repealed;
Whereas the measures provided for in the Regulation are in accordance with the opinion of the Management Committee for beef and veal,
HAS ADOPTED THIS REGULATION:
Article 1
1. Import licences shall be issued for beef and veal products originating in Botswana, Kenya, Madagascar, Swaziland, Zimbabwe and Namibia under the conditions laid down in this Regulation and within the limits of the quantities, expressed in tonnes of boneless meat fixed in Article 4 of Regulation (EEC) No 715/90.
2. For the purpose of this Regulation, 100 kilograms of boneless beef shall be equal to:
- 130 kilograms of bone-in beef,
- 260 kilograms of live bovine animals,
- 100 kilograms of products falling under tariff headings CN 0206, 0210 and 1602.
Article 2
1. The specific rate of customs duty fixed in the Common Customs Tariff is reduced by 90 % for products referred to in Annex I and being imported under the present Regulation.
2. Notwithstanding Article 8 (4) of Commission Regulation (EEC) No 3719/88 (6) the reduction referred to in paragraph 1 shall not apply on quantities exceeding those indicated in the import licence.
Article 3
1. Applications for import licences and the licences themselves for products to be imported free of ad valorem customs duty pursuant to Article 2 of Regulation (EEC) No 715/90 and qualifying, as appropriate, for either a reduction of the specific rate of customs duties fixed in the Common Customs Tariff in accordance with Article 3 of the said Regulation or exemption from duties in accordance with Article 24 of the said Regulation shall contain:
(a) in the heading 'notes` and in Section 24 respectively:
- Producto ACP - Reglamentos (CEE) n° 715/90 y (CE) n° 1636/95,
- AVS-produkt - forordning (EOEF) nr. 715/90 og (EF) nr. 1636/95,
- AKP Erzeugnis - Verordnungen (EWG) Nr. 715/90 und (EG) Nr. 1636/95,
- Ðñïúueí ÁÊAA - Êáíïíéóìïss (AAÏÊ) áñéè. 715/90 êáé (AAÊ) áñéè. 1636/95,
- ACP product - Regulations (EEC) No 715/90 and (EC) No 1636/95,
- Produit ACP - règlements (CEE) n° 715/90 et (CE) n° 1636/95,
- Prodotto ACP - regolamenti (CEE) n. 715/90 e (CE) n. 1636/95,
- ACS-produkt - Verordeningen (EEG) nr. 715/90 en (EG) nr. 1636/95,
- Produto ACP Regulamentos (CEE) nº 715/90 e (CE) nº 1636/95,
- AKT-tuote - asetus (ETY) N :o 715/90 ja (EY) N :o 1636/95,
- AVS-produkt - foerordning (EEG) nr 715/90 och (EG) nr 1636/95.
(b) In Section 8, the name of the State, country or territory in which the product is to originate.
2. The licence shall carry with it an obligation to import from the State, country of territory in question.
3. Applications for licences may be lodged only during the first 10 days of each month. However, as to the month of July 1995 applications may be lodged during the first 10 days following the entry into force of the present Regulation.
4. Member States shall notify valid applications to the Commission not later than the second working day following the end of the period for the submission of applications.
Those notifications shall include the quantities applied for in respect of each third country concerned and broken down on CN codes or group of CN codes, as the case may be.
5. Where no valid applications have been lodged Member States shall so notify the Commission within the deadline referred to in paragraph 4.
Article 4
1. The Commission shall decide in respect of each third country concerned to what extent applications can be accepted. If the quantities of products originating in a third country in respect of which licences are requested exceed the quantity available for that country, the Commission shall reduce the quantities requested by a fixed percentage.
If the total quantity requested by applications relating to a third country is lower than that available for that country, the Commission shall determine the amount of the balance remaining.
2. Subject to the Commission's decision to accept applications licences shall be issued on the 21st day of each month.
Article 5
Importation under the arrangements for import duty reduction provided for in this Regulation may take place only if the origin of the products concerned is certified by the competent authorities of the exporting countries in accordance with the rules of origin applicable to the products in question pursuant to Protocol 1 to the fourth ACP-EEC Convention signed at Lomé on 15 December 1989.
Article 6
1. Before the fifth day of each month, the Member States shall notify the Commission of the quantity of products for which ACP import licences were issued during the previous calendar month.
2. The notifications provided for in this Article shall be made in accordance with Annex II.
Article 7
The provisions of Regulation (EEC) No 3719/88 shall apply, subject to the provisions of this Regulation.
Article 8
Regulation (EEC) No 970/90 is hereby repealed.
Article 9
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 July 1995 until 30 June 1996.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 July 1995.