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"B COMMISSION REGULATION (EC) No 1247/1999
of 16 June 1999
laying down detailed rules for the application of a tariff quota for live bovine animals weighing from 80 to
300 kilograms and originating in certain third countries
(OJ L 150, 17.6.1999, p. 18)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 1174/2000 of 31 May 2000 L 131 30 1.6.20001999R1247 — EN — 04.06.2000 — 001.001 — 1
COMMISSION REGULATION (EC) No 1247/1999
of 16 June 1999
laying down detailed rules for the application of a tariff quota for live
bovine animals weighing from 80 to 300 kilograms and 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 on
Agriculture 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 forcertain agricultural products and providing for the adjustment, as anautonomous and transitional measure, of certain agricultural concessions
provided for in the agreements on free trade and trade-related matters with
Estonia, Latvia and Lithuania, to take account of the Agreement onAgriculture concluded during the Uruguay Round Multilateral Trade
Negotiations (
3), and in particular Article 5 thereof,
(1) Whereas Regulations (EC) No 3066/95 and (EC) No 1926/96 provide
for the opening of a tariff quota for 153 000 live bovine animals each
year, weighing from 80 to 300 kilograms and originating in Hungary,
Poland, the Czech Republic, Slovakia, Romania, Bulgaria, Estonia,Latvia and Lithuania and qualifying for an 80 % reduction in customsduties; whereas it is necessary to adopt detailed rules of application, on
a multiannual basis, for 12-month periods beginning on 1 July,
hereinafter called the ‘year of import’; whereas, to that end, the annualarrangements provided for in the past for that quota should be applied;
(2) Whereas, with a view to preventing speculation, the quantity available
should be made accessible to traders able to show that they aregenuinely engaged in trade of a significant scale with third countries;
whereas, in consideration of this and in order to ensure efficient
management, the traders concerned should be required to haveexported and/or imported a minimum of 50 animals during the 12months preceding the year of import in question; whereas a
consignment of 50 animals in principle constitutes a normal load;
whereas experience has shown that the sale or purchase of a singleconsignment is a minimum requirement for a transaction to be
considered real and viable;
(3) Whereas, if such criteria are to be checked, applications must be
presented in the Member State where the importer is entered in a V AT
register;
(4) Whereas, to ensure orderly importation, the issue of licences should be
staggered over the year of import;
(5) Whereas it should be stipulated that import rights are to be allocated
after a reflection period and where necessary with a fixed percentage
reduction applied;
(6) 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 1988
laying down common detailed rules for the application of the system of
import and export licences and advance fixing certificates for!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. 1.1999R1247 — EN — 04.06.2000 — 001.001 — 2
agricultural products (1), as last amended by Regulation (EC) No
1127/1999 (2), and of Commission Regulation (EC) No 1445/95 of 26
June 1995 on rules of application for import and export licences in thebeef and veal sector and repealing Regulation (EEC) No 2377/80 (
3),
as last amended by Regulation (EC) No 2648/98 (4);
(7) 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
1. 153 000 live bovine animals falling within CN code 0102 90 21,
0102 90 29, 0102 90 41 or 0102 90 49 and originating in the third countries
listed in Annex II may be imported each year under this Regulation, on a
multiannual basis for periods from 1 July to 30 June of the following year(hereinafter called the ‘year of import’).
This tariff quota shall have the serial number 09.4537.2. The ad valorem customs duty and the specific customs duties on those
animals as fixed in the common customs tariff (CCT) shall be reduced by
80 %.
Article 2
1. To be eligible under the quota provided for in Article 1, applicants must
be natural or legal persons and must prove to the satisfaction of the competentauthorities of the Member State concerned, at the time they submit their
applications, that they have imported and/or exported at least 50 animals
covered by CN code 0102 90 during the 12 months prior to the year of importconcerned; applicants must be listed in a national V AT register.
2. Proof of import and export shall be furnished exclusively by means of the
customs document of release for free circulation or the export document, duly
endorsed by the customs authorities.
The Member States may accept copies of the documents referred to above,
duly certified by the issuing authority, where applicants can prove to the
satisfaction of the competent authority that it is impossible for them to obtainthe originals.
Article 3
1. Applications for import rights may be presented only in the Member State
in which the applicant is registered for V AT purposes.
2. Applications for import rights:
— must cover at least 50 animals,
and
— may not cover more than 10 % of the quantity available.Where applications exceed this quantity, the excess shall be disregarded.3. Applications for import rights may be lodged only until 30 June before
the year of import concerned.
4. Applicants may lodge no more than one application each. Where the
same applicant lodges more than one application, all applications from that
applicant shall be inadmissible.
5. After verification of the documents presented, Member States shall
forward to the Commission, by the 10th working day following the end of theperiod for the submission of applications at the latest, the list of applicantsand quantities applied for.!B
(1) OJ L 331, 2.12.1988, p. 1.
(2) OJ L 135, 29.5.1999, p. 48.
(3) OJ L 143, 27.6.1995, p. 35.
(4) OJ L 335, 10.12.1998, p. 39.1999R1247 — EN — 04.06.2000 — 001.001 — 3
All notifications, including ‘nil’ returns, shall be forwarded by fax using the
model form in Annex I hereto in cases where applications have actually beensubmitted.
Article 4
1. The Commission shall decide as soon as possible what percentage of
quantities, covered by applications may be imported.
2. If the quantities covered by applications as referred to in Article 3 exceed
those available, the Commission shall fix a single percentage reduction to be
applied to the quantities applied for.
Where the application of the reduction provided for in the first subparagraph
gives a figure of less than 50 head per application, the quantity available shall
be awarded by the Member States concerned by drawing lots for import rightscovering 50 head each. Where the remainder is less than 50 head, a singleimport right shall be awarded for that quantity.
Article 5
1. The quantities awarded shall be imported subject to 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. Licence applications and licences shall show the following:
(a) in box 8, one or more of the countries listed in Annex II; licences shall
carry with them an obligation to import from one or more of the countries
indicated;
(b) in box 16, one of the following groups of Combined Nomenclature
subheadings within the same indent:
— 0102 90 21; 0102 90 29,— 0102 90 41; 0102 90 49;
(c) in box 20, the serial number 09.4537 and at least one of the following:
— Reglamento (CE) n
o1247/1999
— Forordning (EF) nr. 1247/1999— Verordnung (EG) Nr. 1247/1999
—Καν/omikronνισµ/omikronacuteς (ΕΚ) αριθ. 1247/1999
— Regulation (EC) No 1247/1999— Règlement (CE) n
o1247/1999
— Regolamento (CE) n. 1247/1999— Verordening (EG) nr. 1247/1999
— Regulamento (CE) n
o1247/1999
— Asetus (EY) N:o 1247/1999— Förordning (EG) nr 1247/1999.
4. 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 to the year of import.
5. Import licences issued in accordance with this Regulation shall be valid
for 90 days from their date of issue within the meaning of Article 21(2) of
Regulation (EEC) No 3719/88. However, licences shall not be valid after 30June of the year of import.!B
!M1
!B
!M1
!B1999R1247 — EN — 04.06.2000 — 001.001 — 4
6. Licences issued shall be valid throughout the Community.
7. Article 8(4) of Regulation (EEC) No 3719/88 shall not apply. To that end,
the figure ‘0’ (zero) shall be entered in box 19 of licences.
Article 6
Imported animals shall qualify for the duties referred to in Article 1 on
presentation of either an EUR.1 movement certificate issued by the exporting
country in accordance with Protocol 4 annexed to the Europe Agreementswith the central European associate countries and Protocol 3 annexed to theEurope Agreements with the Baltic countries or a declaration drawn up by the
exporter in accordance with those Protocols.
Article 7
Regulations (EEC) No 3719/88 and (EC) No 1445/95 shall apply, subject to
this Regulation.
Article 8
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.!B1999R1247 — EN — 04.06.2000 — 001.001 — 5
ANNEX I
EC Fax: (32 2) 296 60 27
Application of Regulation (EC) No 1247/1999
Serial No 09.4537
COMMISSION OF THE EUROPEAN COMMUNITIES DG VI/D/2 — BEEFAND VEAL SECTOR
IMPORT RIGHTS APPLICATION
Date:............................................................Period:........................................................
MemberState: .....................................................................................................................
Number ofapplicant (1) Applicant (nameandaddress) Quantity
Total
MemberState: ......................FaxNo:. ....................
Tel.No:.....................
(1)Continuous numbering!B1999R1247 — EN — 04.06.2000 — 001.001 — 6
ANNEX II
List of third countries
Hungary
Poland
Czech RepublicSlovakia
Romania
BulgariaLithuania
Latvia
Estonia!
B1999R1247 — EN — 04.06.2000 — 001.001 — 7