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"B COMMISSION REGULATION (EC) No 1128/1999
of 28 May 1999
laying down detailed rules of application for a tariff quota for calves weighing not more than 80 kilograms
originating in certain third countries
(OJ L 135, 29.5.1999, p. 50)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 1174/2000 of 31 May 2000 L 131 30 1.6.20001999R1128 — EN — 04.06.2000 — 001.001 — 1
COMMISSION REGULATION (EC) No 1128/1999
of 28 May 1999
laying down detailed rules of application for a tariff quota for calves
weighing not more than 80 kilograms originating in certain third
countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 3066/95 of 22 December 1995
establishing certain concessions in the form of Community tariff quotas for
certain agricultural products and providing for the adjustment, as an
autonomous and transitional measure, of certain agricultural concessionsprovided for in the Europe Agreements to take account of the Agreement onAgriculture concluded during the Uruguay Round Multilateral Trade
Negotiations (
1), as last amended by Regulation (EC) No 2435/98 (2), and in
particular Article 8 thereof,
Having regard to Council Regulation (EC) No 1926/96 of 7 October 1996
establishing certain concessions in the form of Community tariff quotas for
certain agricultural products and providing for the adjustment, as an
autonomous and transitional measure, of certain agricultural concessionsprovided for in the agreements on free trade and trade-related matters withEstonia, Latvia and Lithuania, to take account of the Agreement on
Agriculture concluded during the Uruguay Round Multilateral Trade
Negotiations (
3) and in particular Article 5 thereof,
Having regard to Council Decision 98/677/EC of 18 May 1998 on the
conclusion of a Protocol adjusting trade aspects of the Europe Agreementestablishing an association between the European Communities and their
Member States, of the one part, and the Republic of Lithuania, of the other
part, to take account of the accession of the Republic of Austria, the Republicof Finland and the Kingdom of Sweden to the European Union and theoutcome of the Uruguay Round negotiations on agriculture, including
improvements to the existing preferential arrangements (
4), and in particular
Article 2 thereof,
Having regard to Council Decision 1999/86/EC of 18 May 1998 on the
conclusion of a Protocol adjusting trade aspects of the Europe Agreement
establishing an association between the European Communities and their
Member States, of the one part, and the Republic of Estonia, of the other part,to take account of the accession of the Republic of Austria, the Republic ofFinland and the Kingdom of Sweden to the European Union and the outcome
of the Uruguay Round negotiations on agriculture, including improvements to
the existing preferential arrangements (
5), and in particular Article 2 thereof,
(1) Whereas Regulations (EC) No 3066/95 and (EC) No 1926/96 and
Decisions 98/677/EC and 1999/86/EC provide for the opening of atariff quota for an annual volume of 178 000 live bovine animals
weighing 80 kilograms or less originating in Hungary, Poland, the
Czech Republic, Slovakia, Romania, Bulgaria, Estonia, Latvia andLithuania and benefiting from an 80 % reduction in the rate of customs
duties; whereas it is necessary to adopt, on a multiannual basis, for
12-month periods beginning on 1 July, hereinafter called the ‘year ofimport’, detailed rules of application; whereas, to that end, the annualarrangements provided for in the past for that quota should be applied;
(2) Whereas experience shows that limiting imports can give rise to
speculative import applications; whereas, in order to guarantee that the
planned measures function correctly, most of the quantitioes availableshould be reserved for ‘traditional’ importers of live bovine animals;whereas in certain cases administrative errors by the competent
national body threaten to restrict access by traders to this part of the
quota; whereas there should be provision to correct any harm caused;!B
(1) OJ L 328, 30.12.1995, p. 31.
(2) OJ L 303, 13.11.1998, p. 1.
(3) OJ L 254, 8.10.1996, p. 1.
(4) OJ L 321, 30.11.1998, p. 1.
(5) OJ L 29, 3.2.1999, p. 9.1999R1128 — EN — 04.06.2000 — 001.001 — 2
(3) Whereas, so as not to introduce rigidity into trade relations in the
sector, a second allocation should be made available for traders able toshow that they are carrying out a genuine activity involving trade in asignificant number of animals with third countries; whereas, in
consideration of this and in order to ensure efficient management, a
minimum of 100 animals should be required to have been exportedand/or imported during the 12 months preceding the year of import inquestion by the traders concerned; whereas a batch of 100 animals in
principle constitutes a normal load; whereas experience has shown that
the sale or purchase of a single batch is a minimum requirement for atransaction to be considered real and viable;
(4) Whereas verification of these criteria requires all applications from the
same trader to be submitted in the Member State where the trader is
registered for V AT purposes;
(5) Whereas, so as to avoid speculation, access to the quota should be
denied to ‘traditional’ traders no longer carrying out an activity in the
beef and veal sector on 1 June preceding the year of import inquestion;
(6) Whereas it should be stipulated that import rights are to be allocated
after a reflection period and where necessary with a fixed percentagereduction applied;
(7) Whereas, to ensure orderly importation, the issue of the licences
should be staggered over the year of import;
(8) Whereas the arrangements should be managed using import licences;
whereas, to this end, rules should be laid down on the submission of
applications and the information to be given on applications and
licences, where necessary by addition of certain provisions ofCommission Regulation (EEC) No 3719/88 of 16 November 1988laying down common detailed rules for the application of the system of
import and export licences and advance fixing certificates for
agricultural products (
1), as last amended by Regulation (EC) No
168/1999 (2), and of 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 (3),
as last amended by Regulation (EC) No 2648/98 (4);
(9) Whereas the measures provided for in this Regulation are in
accordance with the opinion of the Management Committee for Beefand Veal,
HAS ADOPTED THIS REGULATION:
Article 1
With the exception of imports under the tariff quotas for the importation of
169 000 young male bovine animals for fattening and 153 000 live bovineanimals weighing between 80 and 300 kilograms, imports into theCommunity of live bovine animals falling within CN codes 0102 90 05,
0102 90 21, 0102 90 29, 0102 90 41 and 0102 90 49 and referred to in
Article 1(1)(a) of Council Regulation (EEC) No 805/68 (
5), originating in the
countries listed in Annex I, shall be subject to the management measures laid
down in this Regulation.
Article 2
1. Import licences under this Regulation may be issued on a multiannual
basis for periods from 1 July to 30 June of the following year (hereinafter
called ‘the year of import’), for individual years of import only for 178 000
animals falling within CN code 0102 90 05 originating in the countries listedin Annex I.
The quota shall have the serial number 09.45982. For those animals, the ad valorem duty and the specific duties fixed in the
Common Customs Tariff (CCT) shall be reduced by 80 %.!B
(1) OJ L 331, 2.12.1988, p. 1.
(2) OJ L 19, 26.1.1999, p. 4.
(3) OJ L 143, 27.6.1995, p. 35.
(4) OJ L 335, 10.12.1998, p. 39.
(5) OJ L 148, 28.6.1968, p. 24.1999R1128 — EN — 04.06.2000 — 001.001 — 3
3. The annual quantity referred to in paragaph 1 shall be divided into two
parts, as follows:
(a) the first part, equal to 70 %, i.e. 124 600 head, shall be allocated among
importers who can furnish proof of having imported animals under the
quota bearing serial No 09.4598 during the 36 months preceding theimport year in question.
However, Member States may accept as the reference quantity import
rights for the preceding year of import which were not allocated becauseof an administrative error by the competent national body.
(b) the second part, equal to 30 %, i.e. 53 400 head, shall be allocated among
traders who can furnish proof of having imported and/or exported during
the 12 months preceding the year of import in question at least 100 live
bovine animals falling withn CN code 0102 90 apart from those under(a).
Traders must be registered for V AT purposes in a Member State.
4. The 124 600 head shall be allocated on the basis of applications for
import rights among the eligible importers in proportion to their imports of
animals within the meaning of the first subparagraph of paragraph 3(a) duringthe period referred to in that point and proven in accordance with paragraph 6.
5. The 53 400 head shall be allocated among the eligible traders in
proportion to the quantities applied for within the meaning of paragraph 3(b)and proven in accordance with paragraph 6.
6. Proof of import and export shall be provided exclusively by means of the
customs document of release for free circulation or the export document duly
stamped by the customs authorities.
Member States may accept copies of the above document duly certified by the
issuing authority where applicants can prove to the satisfaction of the
competent authority that they were not able to obtain the original documents.
Article 3
1. Traders who on 1 June preceding the year of import in question were no
longer engaged in any activity in the beef and veal sector shall not qualify for
the allocation under the first subparagraph of Article 2(3)(a).
2. Any business formed by the merger of businesses each having rights
under Article 2(4) shall enjoy the same rights as the businesses from which it
was formed.
Article 4
1. Applications for import rights may be presented only in the Member State
in which the applicant is registered for V AT purposes.
2. For the purposes of the first subparagraph of Article 2(3)(a), traders shall
present applications for import rights to the competent authorities together
with the proof referred to in Article 2(6) by 8 June preceding the year ofimport in question at the latest.
After verification of the documents presented, Member States shall forward to
the Commission, by the 10th working day following the end of the period forthe submission of applications at the latest, the list of traders who meet theacceptance conditions, showing in particular thier names and addresses and
the number of animals imported during the period referred to in the first
subparagraph of Article 2(3)(a).
3. For the purposes of Article 2(3)(b), applications for import rights,
together with the proof referred to in Article 2(6), must be lodged by tradersby 8 June preceding the year of import in question.
Only one application may be lodged by each applicant. Where the same
applicant lodges more than one application all applications from that personshall be invalid. Applications may not relate to a quantity larger than that
available.
After verification of the documents presented, Member States shall forward to
the Commission, by the 10th working day following the end of the period for
the submission of applications at the latest, the list of applicants and quantities
applied for.!B1999R1128 — EN — 04.06.2000 — 001.001 — 4
4. All notifications, including notifications of an absence of applications,
shall be made by fax, drawn up on the basis of the models in Annexes II andIII hereto.
Article 5
1. The Commission shall decide to what extent applications may be
accepted.
2. As regards applications under Article 4(3), where the quantities applied
for exceed the quantities available, the Commission shall reduce the quantitiesapplied for by a fixed percentage.
If the reduction referred to in the preceding subparagraph results in a quantity
of less than 100 head per application, the allocation shall be made by drawing
lots, by batches of 100 head, by the Member States concerned. If theremaining quantity is less than 100 head, it shall constitute a single batch.
Article 6
1. Imports of the quantities allocated in accordance with Article 5 shall be
subject to the presentation of one or more import licences.
2. Licence applications may be lodged solely:
— in the Member State in which the application for import rights has been
lodged, and
— by traders to whom import rights have been allocated. Import rights
allocated to traders entitle them to import licences for quantities
equivalent to the rights allocated.
3. Licences may be issued until 31 December of the year of import up to a
maximum of 50 % of the allocated import rights. Import licences for the
remaining import rights may be issued from 1 January in the year of import.
4. Licence applications and licences shall contain the following entries:(a) in box 8, the indication of the countries referred to in Annex I; licences
shall carry with them an obligation to import from one or more of the
countries indicated;
(b) in box 16, CN subheading 0102 90 05;(c) in box 20, the serial number 09.4598 and at least one of the following:
— Reglamento (CE) N
o1128/1999
— Forordning (EF) Nr. 1128/1999— Verordnung EG) Nr. 1128/1999—Καν/omikronνισµ/omikronacuteς (ΕΚ) αριθ. 1128/1999
— Regulation (EC) No 1128/1999
— Règlement (CE) n
o1128/1999
— Regolamento (CE) n. 1128/1999
— Verordening (EG) Nr. 1128/1999
— Regulamento (CE) no1128/1999
— Asetus (EY) n:o 1128/1999— Förordning (EG) nr 1128/1999.
5. Import licences issued pursuant to this Regulation shall be valid for 90
days from their date of issue within the meaning of Article 21(1) ofRegulation (EEC) No 3719/88. However, licences may be issued only with
effect from 1 July of the year of import and shall expire not later than 30 June.
6. Licences issued shall be valid throughout the Community.7. Article 8(4) of Regulation (EEC) No 3719/88 shall not apply.!B
!M1
!B1999R1128 — EN — 04.06.2000 — 001.001 — 5
Article 7
Imported animals shall qualify for the duties referred to in Article 1 on
presentation of an EUR.1 movement certificate issued by the exporting
country in accordance with Protocol 4 annexed to the Europe Agreements
with the central European associate countries and Protocol 3 annexed to theEurope Agreements with the Baltic countries or a declaration drawn up by theexporter in accordance with those Protocols.
Article 8
Regulations (EEC) No 3719/88 and (EC) No 1445/95 shall apply, subject to
the provisions of this Regulation.
Article 9
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in all
Member States.!B1999R1128 — EN — 04.06.2000 — 001.001 — 6
ANNEX I
List of third countries
Hungary
Poland
Czech Republic
SlovakiaRomania
Bulgaria
LithuaniaLatvia
Estonia!
B1999R1128 — EN — 04.06.2000 — 001.001 — 7
ANNEX II
EC fax No: (32 2) 296 60 27; (32 2) 295 36 13
Application of Article 4(2) of Regulation (EC) No 1128/1999
Serial No 09.4598
COMMISSION OF THE EUROPEAN COMMUNITIES DG VI/D/2 ΠBEEF AND VEAL SECTOR
IMPORT RIGHTS APPLICATION
Date:............................................................ Period:........................................................
Member State: .....................................................................................................................
Number of applicant(1) Applicant (name and address)Quantity (head) imported
from..............to..............
Total
Member State: ...................... FaxNo: ......................
Tel. No:......................
(1) Continuous numbering.!B1999R1128 — EN — 04.06.2000 — 001.001 — 8
ANNEX III
EC Fax: (32 2) 296 60 27 (32 2) 295 36 13
Application of Article 4(3) of Regulation (EC) No 1128/1999
Serial No 09.4598
COMMISSION OF THE EUROPEAN COMMUNITIES DG VI/D/2 ΠBEEF AND VEAL SECTOR
IMPORT RIGHTS APPLICATION
Date:............................................................ Period:........................................................
Member State: .....................................................................................................................
Number of applicant(1) Applicant (name and address) Quantity (head)
Total
Member State: ...................... FaxNo: ......................
Tel. No:......................
(1) Continuous numbering!B1999R1128 — EN — 04.06.2000 — 001.001 — 9