1999R1081 — EN — 30.05.1999 — 000.001 — 1
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►B COMMISSION REGULATION (EC) No 1081/1999
of 26 May 1999
openingandprovidingfortheadministrationoftariffquotasforimportsofbulls,cowsandheifers
other than for slaughter of certain Alpine and mountain breeds, repealing Regulation (EC) No
1012/98 and amending Regulation (EC) No 1143/98
(OJ L 131, 27.5.1999, p. 15)
Corrected by:
►C1Corrigendum, OJ L 145, 10.6.1999, p. 39 (1081/1999)
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COMMISSION REGULATION (EC) No 1081/1999
of 26 May 1999
opening and providing for the administration of tariff quotas for
imports of bulls, cows and heifers other than for slaughter ofcertainAlpineandmountainbreeds,repealingRegulation(EC)No
1012/98 and amending Regulation (EC) No 1143/98
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968
on the common organisation of the market in beef and veal(1), as last
amended by Regulation (EC) No 1633/98 (2), and in particular Article
12(1) thereof,
Having regard to Council Regulation (EC) No 3066/95 of 22 December
1995 establishing certain concessions in the form of Community tariffquotas for certain agricultural products and providing for the adjust-ment, as an autonomous and transitional measure, of certain agriculturalconcessions provided for in the Europe Agreements to take account ofthe Agreement on Agriculture concluded during the Uruguay RoundMultilateral Trade Negotiations(
3), as last amended by Regulation (EC)
No 2435/98 (4), and in particular Article 8 thereof,
Having regard to Council Regulation (EC) No 1095/96of 18 June 1996
on the implementation of the concessions set out in Schedule CXLdrawn up in the wake of the conclusion of the GATT XXIV.6nego-tiations(
5), and in particular Article 1(1) thereof,
(1)Whereas, in the framework of the World Trade Organisation(WTO), the Community has undertaken to open two annual tariffquotas each for 5 000 head for bulls, cows and heifers other thanfor slaughter of the mottled Simmental breed and of the Schwyzand Fribourg breeds and for cows and heifers other than forslaughter of the grey, brown, yellow and mottled Simental breedsand of the Pinzgau breed at rates of customs duty of 6% and 4 %respectively; whereas those quotas should be opened on a multi-annual basis for twelve-month periods commencing on 1 July,hereinafter referred to as ‘the year of import',and detailed rulesshould be laid down for their application;
(2)Whereas there should be a guarantee in particular of equal andcontinuing access to the said quotas for all interested operatorswithin the Community and of uninterrupted application of thecustoms duties laid down for those quotas to all imports of theanimals in question until the quotas are exhausted;
(3)Whereas experience has shown that limiting imports may lead tospeculative import licence applications; whereas, in order toensure that the planned measures function properly, the greaterpart of the quantities available should be allocated to ‘traditional'importers of bulls, cows and heifers of specified Alpine andmountain breeds; whereas in certain cases administrative errorsby the competent national body are liable to restrict the access ofimporters to that part of the quota; whereas provision should bemade to remedy any resulting prejudice;
(4)Whereas, in order to avoid forcing trade relations in this sectorinto an excessively rigid mould, a second tranche should be madeavailable to importers who are able to show that they are engagedin genuine trade of some scale with third countries; whereas, inthis connection and with a view to efficient management, the
(1) OJ L 148, 28.6.1968, p. 24.
(2) OJ L 210, 28.7.1998, p. 17.
(3) OJ L 328, 30.12.1995, p. 31.
(4) OJ L 303, 13.11.1998, p. 1.
(5) OJ L 146, 20.6.1996, p. 1.
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operators concerned must be required to have imported at least
15 head in the 12 months preceding the year of import in ques-tion; whereas a batch of 15 animals in principle constitutes anormal load and experience shows that the sale or purchase of asingle batch is a minimum requirement for a transaction to beconsidered genuine and viable;
(5)Whereas, with a view to verifying compliance with these criteria,applications must be submitted in the Member State where theimporter is registered for VAT purposes;
(6)Whereas, in order to prevent speculation, ‘traditional' operatorsno longer engaged in trade in beef and veal at 1 June prior to theyear of import in question should be denied access to the quota;
(7)Whereas provision should be made for import rights to be allo-cated after a period of consideration and subject, where applic-able, to the application of a uniform percentage reduction;
(8)Whereas provision should be made for the arrangements to beadministered by means of import licences; whereas, to that end,provision should be made in particular for detailed rules on theway applications are to be submitted and on the particulars to beshown in applications and on licences, if necessary by way ofderogation from, or by supplementing, certain provisions ofCommission Regulation (EEC) No 3719/88 of 16November1988 laying down common detailed rules for the application ofthe system of import and export licences and advance-fixingcertificates for agricultural products (
1), as last amended by Regu-
lation (EC) No 1044/98 (2), and Commission Regulation (EC) No
1445/95 of 26June 1995 on rules of application for import andexport licences in the beef and veal sector and repealing Regula-tion (EEC) No 2377/80 (
3), as last amended by Regulation (EC)
No 2365/98 (4);
(9)Whereas Article 82 of Council Regulation (EEC) No 2913/92 of12 October 1992 establishing the Community Customs Code (
5),
as last amended by Regulation (EC) No 82/97 (6), provides for
customs supervision of goods released for free circulation at areduced rate of duty on account of their end-use; whereas theanimals imported should be monitored for a certain period toensure they are not slaughtered during that time; whereas, inorder to ensure that slaughter does not take place during thatperiod, a security should be required to cover the differencebetween the common customs tariff (CCT) duty and the reducedduty applicable on the date of release for free circulation of theanimals in question;
(10)Whereas Commission Regulation (EC) No 1012/98 of 14 May1998 opening and providing for the administration of tariffquotas for the import of bulls, cows and heifers, other than thoseintended for slaughter, of certain Alpine and mountain breeds(
7),
as amended by Regulation (EC) No 1143/98 (8), must be
repealed;
(11)Whereas, with a view to ensuring that the animals imported arenot slaughtered for a certain period, Article 7(2) and (3) ofCommission Regulation (EC) No 1143/98 of 2 June 1998 layingdown detailed rules for a tariff quota for cows and heifers ofspecified mountain breeds originating in various third countries,other than for slaughter, and amending Regulation (EC) No 1012/98 provides for the animals imported to be identified in accord-ance with Council Regulation (EC) No 820/97 of 21 April 1997
(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 302, 19.10.1992, p. 1.
(6) OJ L 119, 7.5.1999, p. 1.
(7) OJ L 145, 15.5.1998, p. 13.
(8) OJ L 159, 3.6.1998, p. 14.
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establishing a system for the identification and registration of
bovine animals and regarding the labelling of beef and beefproducts(
1) and for certain additional particulars; whereas, since
those particulars are already compulsory, the two paragraphs inquestion should be deleted;
(12)Whereas, for the sake of clarity, Article 2(1)(a) and Article 8(c)of Regulation (EC) No 1143/98 should be corrected;
(13)Whereas the measures provided for in this Regulation are inaccordance with the opinion of the Management Committee forBeef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
1. The following tariff quotas are hereby opened on a multiannual
basis for periods running from 1 July to 30 June of the following year,each of which shall hereinafter be referred to as ‘the year of import'.
Serial No CN code (1) DescriptionQuota
volume
(head of
cattle)Customs
duty
09.0001 ex 0102 90 05 Cows and heifers other than for slaughter 5 000 6%
ex 0102 90 29 of the following mountain breeds: grey,
ex 0102 90 49brown, yellow and mottled Simmental
ex 0102 90 59breeds and Pinzgau breed
ex 0102 90 69
09.0003 ex 0102 90 05 Bulls, cows and heifers other than for 5 000 4 %
ex 0102 90 29 slaughter of the following breeds: mottled
ex 0102 90 49Simmental breed and Schwyz and
ex 0102 90 59Fribourg breeds
ex 0102 90 69
ex 0102 90 79
(1) Taric code: see Annex I.
2. For the purposes of this Regulation, animals as referred to in
paragraph 1 shall be deemed to be not for slaughter where they are notslaughtered within four months of the date of acceptance of the declara-tion of release for free circulation.
Derogations may, however, be granted in duly proven cases of force
majeure.
3. To qualify under the tariff quota covered by serial No 09.0003, the
following must be presented:
— for bulls: a pedigree certificate,— for female animals: a pedigree certificate or a certificate of registra-
tion in a herdbook certifying the purity of the breed.
Article 2
1. The two quotas provided for in Article 1(1) shall be divided into
two parts of 80 %, i.e. 4 000 head, and 20 %, i.e. 1 000 head.
(a) The first part, equalling 80 %, of each quota shall be divided among
Community importers who are able to furnish proof that they haveimported animals under the quotas covered by serial No 09.0001and/or No 09.0003 in the 36months preceding the year of import inquestion.
(1) OJ L 117, 7.5.1997, p. 1.
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However, the Member States may accept as a reference quantityimport rights in respect of the previous year of import that have notbeen allocated because of an administrative error by the competentnational body.
(b) The second part, equalling 20 %, of each quota shall be reserved for
applicants who can furnish proof that they have imported at least 15live bovine animals covered by CN code 0102 from third countriesin the 12 months prior to the year of import in question.
Importers must be entered in a national VAT register.2. On the basis of the applications submitted for import rights, the
first part shall be allocated to the various importers in proportion totheir imports of animals as referred to in the first subparagraph ofparagraph 1(a) during the 36months preceding the year of import inquestion.
3. On the basis of the applictions submitted for import rights, the
second part shall be allocated to the various importers as referred to inparagraph 1(b) in proportion to the quantities applied for by them.
Applications for import rights:
— must cover 15 head or more,
and
— may not cover more than 50 head.
Applications for import rights covering more than 50 head shall be
treated as covering that number only.
4. Proof of import shall be provided exclusively by means of
customs documents of release for free circulation duly endorsed by thecustoms authorities.
Member States may accept copies of the above documents duly certified
by the issuing authority where applicants are able to prove to thesatisfaction of the competent authority that they are unable to obtain theoriginals.
Article 3
1. Importers who at 1 June prior to the year of import in question
have ceased their activities in the beef and veal sector shall not qualifyfor any allocation under the first subparagraph of Article 2(1)(a).
2. Companies formed by the merger of undertakings each having
rights pursuant to Article 2(2) shall enjoy the same rights as the under-takings from undertakings from which they have been formed.
Article 4
1. Applications for import rights may only be submitted in the
Member State where the applicant is entered in a national VAT register.
2. Applicants may submit only one application each per quota and
that application shall relate to one part of the quota only.
Where an applicant submits more than one application in respect of a
quota, all applications from that applicant in respect of that quota shallbe considered invalid.
3. For the purposes of Article 2(1)(a) and (b), applicants for import
rights in respect of each serial number, together with the proof referredto in Article 2(4), must reach the competent authorities by 15 June priorto the relevant year of import.
4. After verifying the documents submitted, the Member States shall
send the Commision the following by the 10th working day followingthe closing date for the submission of applications in respect of eachserial number:
— as regards the allocation provided for in the first subparagraph of
Article 2(1)(a), the list of importers meeting the conditions foracceptance, with their names and addresses and the numbers ofanimals imported during the period referred to in Article 2(2),
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— as regards the allocation provided for in Article 2(1)(b), the list of
applicants, with their names and addresses and the quantities appliedfor.
5. All notifications, including nil notifications, shall be sent by fax,
using the forms in Annexes II and III where applications are submitted.
Article 5
1. The Commission shall decide what percentage of quantities
applied for may be allocated.
2. As regards applications as referred to in the second indent of
Article 4(4), where the quantities applied for exceed the quantitiesavailable, the Commission shall set a uniform percentage reduction inthe quantities applied for.
Where the application of the uniform percentage reduction provided for
in the first subparagraph results in less than 15 head being allocated perapplication, the allocation shall be made by the Member Statesconcerned by drawing lots for batches of 15 head. Where the remainderis less than 15 head, that number shall constitute a single batch.
Article 6
1. Imports of the quantities allocated shall be subject to the presenta-
tion of one or more import licences.
2. Import licence applications may only be submitted to the
competent authority of the Member State in which the applicant hasapplied for import rights.
3. After the Commission has notified the quantities allocated
pursuant to Article 5(1), import licences shall be issued on applicationby and in the names of the traders who have obtained import rights.
4. Import licences shall be valid for 90 days from their date of issue
within the meaning of Article 21(1) of Regulation (EEC) No 3719/88.However, licences may only be issued from 1 July of the year of importand their term of validity shall not extend beydond 30 June thereafter.
5. Licences issued shall be valid throughout the Community.6. Without prejudice to the provisions of this Regulation, Regula-
tions (EEC) No 3719/88 and (EC) No 1445/95 shall apply.
7. Notwithstanding Article 9(1) of Regulation (EEC) No 3719/88,
import licences issued pursuant to this Regulation shall not be transfer-able and shall only confer rights under the tariff quotas where they aremade out in the names appearing in the accompanying declarations ofrelease for free circulation.
8. Article 8(4) of Regulation (EEC) No 3719/88 shall not apply.
Article 7
1. Imported animals shall be monitored in accordance with Article 82
of Regulation (EEC) No 2913/92 to ensure that they are not slaughteredwithin four months of their release for free circulation.
2. With a view to ensuring that the obligation referred to in para-
graph 1 not to slaughter imported animals is fulfilled and that duties notpaid are collected where that obligation is not complied with, importersmust lodge a security with the competent customs authorities. Thesecurity shall be equal to the difference between the customs duties laiddown in the common customs tariff and the duties referred to in Article1(1) applicable on the date of release for free circulation of the animalsin question.
The securities shall be released immediately where proof is supplied to
the customs authorities concerned that the animals:
(a) have not been slaughtered within the four months following the date
of their release for free circulation,
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or
(b) have been slaughtered within that period for reasons of force
majeureor for health reasons or have died of disease or as a result
of an accident.
Article 8
Licence applications and licences shall show:
(a) in box 8, the country of origin; licences shall carry an obligation to
import from that country;
(b) in box 16, the CN codes given in Annex I;
(c) in box 20, one of the following:
— Razas alpinas y de montaña [Reglamento (CE) no1081/1999],
año de importación:…
— Alpine racer og bjergracer (forordning (EF) nr. 1081/1999),
importår:…
— Höhenrassen (Verordnung (EG) Nr. 1081/1999), Einfuhrjahr:…—Αλπικές και ορεσίβιες φυλές [κανονισµός (ΕΚ)αριθ. 1081/
1999], έτος εισαγωγής …
— Alpine and mountain breeds (Regulation (EC) No 1081/1999),
Year of import:…
— Races alpines et de montagne [règlement (CE) n
o1081/1999],
année d’importation:…
— Razze alpine e di montagna [regolamento (CE) n. 1081/1999],
anno d’importazione:…
— Bergrassen (Verordening (EG) nr. 1081/1999), invoerjaar:…— Raças alpinas e de montanha [Regulamento (CE) n.
o1081/
1999], ano de importação:…
— Alppi- ja vuoristorotuja (Asetus (EY) N:o 1081/1999), tuonti-
vuosi:…
— Alp- och bergraser (förordning (EG) nr 1081/1999), importår:…
Article 9
1. Quantities not covered by import licence applications at 15 March
of the year of import shall be awarded under a final allocation in respectof that year, open only to importers who have applied for importlicences covering the total quantity to which they are entitled, irrespec-tive of the difference between the two arrangements provided for inArticle 2(1)(a) and (b).
2. To that end, by 22 March of the year of import the Member States
shall send the Commission details of quantities not covered by importlicence applications received in respect of each serial number.
3. The Commission shall take a decision as quickly as possible as
regards the quantities remaining.
4. Applications for import rights from interested importers as
referred to in paragraph 1 must relate to 15 head.
Where applications are submitted for a higher number, they shall be
treated as covering that number only.
5. Each applicant may submit a single application only per quota.Where applicants submit more than one application per quota, all their
applications in respect of that quota shall be inadmissible.
6. Applications for import rights must reach the competent authori-
ties within five working days of the entry into force of the Commissiondecision referred to in paragraph 3.
7. By the seventh working day following the closing date for the
submission of applications as provided for in paragraph 6, the MemberStates shall send the Commission a list of applicants and the quantitiesapplied for in respect of each serial number.
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8. For the purposes of this Article, Articles 5 to 8 shall apply mutatis
mutandis.
Article 10
Regulation (EC) No 1012/98 is repealed.
Article 11
Regulation (EC) No 1143/98 is amended as follows:
1. The second subparagraph of Article 2(1)(a) is replaced by the
following:
‘However, the Member States may accept as the reference quantity
import rights in respect of the preceding year of import that were notallocated owing to an administrative error by the competent nationalbody.'
2. Article 7(2) and(3) are deleted.3. Article 8(c) is replaced by the following:
‘(c) in box 20, one of the following:
— Razas de montaña [Reglamento (CE) n
o1143/98], año de
importación:…
— Bjergracer (forordning (EF) nr. 1143/98), importår:…— Höhenrassen (Verordnung (EG) Nr. 1143/98), Einfuhr-
jahr:…
▼
C1
—Ορεσίβιες φυλές (κανονισµός (ΕΚ)αριθ. 1143/98) έτος
εισαγωγής …
▼B
— Mountain breeds (Regulation (EC) No 1143/98), Year of
import:…
— Races de montagne [règlement (CE) no1143/98], année
d’importation:…
— Razze di montagna [regolamento (CE) n. 1143/98], anno
d’importazione:…
— Bergrassen (Verordening (EG) nr. 1143/98), invoerjaar:…— Raças de montanha [Regulamento (CE) n.
o1143/98], ano de
importação:…
— Vuoristorotuja (Asetus (EY) N:o 1143/98), tuontivuosi:…— Bergraser (förordning (EG) nr 1143/98), importår:…'
Article 12
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
However, Article 10 shall apply from 1 July 1999 only.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
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ANNEX I
Taric codes
Serial No CN codes Taric codes
09.0001 ex 0102 90 05 0102 90 05*20
*40
ex 0102 90 29 0102 90 29*20
*40
ex 0102 90 49 0102 90 49*20
*40
ex 0102 90 59 0102 90 59*11
*19
*31
*39
ex 0102 90 69 0102 90 69*10
*30
09.0003 ex 0102 90 05 0102 90 05*30
*40
*50
ex 0102 90 29 0102 90 29*30
*40
*50
ex 0102 90 49 0102 90 49*30
*40
*50
ex 0102 90 59 0102 90 59*21
*29
*31
*39
ex 0102 90 69 0102 90 69*20
*30
ex 0102 90 79 0102 90 79*21
*29
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ANNEX II
EC Fax No (32-2) 2966 0 27/(32-2) 295 3613
Application of the first indent of Article 4(4) of Regulation (EC) No 1081/1999
COMMISSION OF THE EUROPEAN COMMUNITIES DG VI/D/2 —BEEF AND VEALSECTOR
IMPORT RIGHTS APPLICATION
Date:............................................................ Period:........................................................
Member State: .....................................................................................................................
Number of applicant (1) Applicant (name and address)Quantity (head) imported from
to
Total
Member State: Fax No: ..............................................
Tel.:..................................................
(1) Continuous numbering.
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ANNEX III
EC Fax No (32-2) 2966 0 27/(32-2) 295 3613
Application of the second indent of Article 4(4) of Regulation (EC) No 1081/1999
COMMISSION OF THE EUROPEAN COMMUNITIES DG VI/D/2 —BEEF AND VEALSECTOR
IMPORT RIGHTS APPLICATION
Date:............................................................ Period:........................................................
Member State: .....................................................................................................................
Number of applicant (1) Applicant (name and address) Quantity (head)
Total
Member State: Fax No: ..............................................
Tel.:...................................................
(1) Continuous numbering.