1999R1081 — EN — 06.06.2001 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No1081/1999
of26May1999
openingandprovidingfortheadministrationoftariffquotasforimportsofbulls,cowsandheifers
other than for slaughter of certain Alpine and mountain breeds, repealing Regulation (EC) No
1012/98andamendingRegulation(EC)No1143/98
(OJ L 131, 27.5.1999, p. 15)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 1174/2000 of 31 May 2000 L 131 30 1.6.2000
►M2Commission Regulation (EC) No 1096/2001 of 5 June 2001 L 150 33 6.6.2001
Corrected by:
►C1Corrigendum, OJ L 145, 10.6.1999, p. 39 (1081/1999)
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COMMISSIONREGULATION(EC)No1081/1999
of26May1999
opening and providing for the administration of tariff quotas for
importsofbulls,cowsandheifersotherthanforslaughterofcertainAlpineandmountainbreeds,repealingRegulation(EC)No1012/98
andamendingRegulation(EC)No1143/98
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 tariff
quotas for certain agricultural products and providing for the adjustment,
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 1095/96 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(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 Schwyz
and Fribourg breeds and for cows and heifers other than for
slaughter 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 amultiannual basis for twelve-month periods commencing on 1
July, hereinafter referred to as ‘the year of import’, and detailed
rules should 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 the
customs duties laid down for those quotas to all imports of the
animals 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 and
mountain 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, theoperators concerned must be required to have imported at least 151999R1081 — EN — 06.06.2001 — 002.001 — 2
(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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head in the 12 months preceding the year of import in question;
whereas a batch of 15 animals in principle constitutes a normalload and experience shows that the sale or purchase of a single
batch is a minimum requirement for a transaction to be considered
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
allocated after a period of consideration and subject, where
applicable, 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 the
way applications are to be submitted and on the particulars to be
shown in applications and on licences, if necessary by way ofderogation from, or by supplementing, certain provisions ofCommission Regulation (EEC) No 3719/88 of 16 November 1988laying down common detailed rules for the application of thesystem of import and export licences and advance-fixing
certificates for agricultural products(
1), as last amended by
Regulation (EC) No 1044/98(2), and Commission Regulation
(EC) No 1445/95 of 26 June 1995 on rules of application forimport and export licences in the beef and veal sector andrepealing Regulation (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 of
12 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 a
reduced rate of duty on account of their end-use; whereas the
animals imported should be monitored for a certain period toensure they are not slaughtered during that time; whereas, in orderto ensure that slaughter does not take place during that period, asecurity should be required to cover the difference between thecommon customs tariff (CCT) duty and the reduced duty
applicable on the date of release for free circulation of the
animals in question;
(10)Whereas Commission Regulation (EC) No 1012/98 of 14 May1998 opening and providing for the administration of tariff quotasfor the import of bulls, cows and heifers, other than those
intended 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 laying
down detailed rules for a tariff quota for cows and heifers of
specified 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 inaccordance with Council Regulation (EC) No 820/97 of 21 April1997 establishing a system for the identification and registration1999R1081 — EN — 06.06.2001 — 002.001 — 3
(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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of bovine animals and regarding the labelling of beef and beef
products(1) and for certain additional particulars; whereas, since
those particulars are already compulsory, the two paragraphs in
question should be deleted;
(12)Whereas, for the sake of clarity, Article 2(1)(a) and Article 8(c) ofRegulation (EC) No 1143/98 should be corrected;
(13)Whereas the measures provided for in this Regulation are in
accordance with the opinion of the Management Committee for
Beef 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 of the following mountain
breeds: grey, brown, yellow and
mottled Simmental breeds and
Pinzgau breed5 000 6 %
ex 0102 90 29ex 0102 90 49ex 0102 90 59ex 0102 90 69
09.0003 ex 0102 90 05 Bulls, cows and heifers other than for
slaughter of the following breeds:
mottled Simmental breed and Schwyz
and Fribourg breeds5 000 4 %
ex 0102 90 29ex 0102 90 49
ex 0102 90 59
ex 0102 90 69ex 0102 90 79
(1) Taricc ode: 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 thedeclaration 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
registration in a herdbook certifying the purity of the breed.
Article 2
1. The two quota volumes referred to in Article 1(1) shall each be
divided into two parts of 70 %, i.e. 3 500 head, and 30 %, i.e. 1 500head, respectively:
(a) The first part of each quota volume, equal to 70 %, shall be allocated
among importers in the Community who can furnish proof of havingimported animals under the quota for serial Nos 09.0001 and/or1999R1081 — EN — 06.06.2001 — 002.001 — 4
(1) OJ L 117, 7.5.1997, p. 1.▼M2
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09.0003 during the 36 months preceding the year of import in
question.
However, the Member States may accept as the reference quantity
import rights for the preceding year of import which were not
allocated because of an administrative error by the competentnational body but to which the importer would have been entitled.
(b) The second part of each quota volume, equal to 30 %, shall be
allocated among importers who can furnish proof of havingimported from third countries at least 75 live bovine animals fallingwithin CN code 0102 during the 12 months preceding the year of
import in question.
However, for the year of import from 1 July 2001 to 30 June 2002, the
reference period referred to at (a) in the first subparagraph shall run from
1 July 1997 to 30 June 2000, and that referred to at (b) shall run from 1July 1999 to 30 June 2000.
2. On the basis of the applications submitted for import rights, the
first part shall be allocated to the various importers in proportion to their
imports of animals as referred to in the first subparagraph of paragraph1(a) during the 36 months preceding the year of import in question.
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 the customsauthorities.
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 theundertakings 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.1999R1081 — EN — 06.06.2001 — 002.001 — 5
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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 each
serial 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 of
animals imported during the period referred to in Article 2(2),
— as regards the allocation provided for in Article 2(1)(b), the list of
applicants, with their names and addresses and the quantities applied
for.
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 per
application, the allocation shall be made by the Member States
concerned by drawing lots for batches of 15 head. Where the remainderis less than 15 head, that number shall constitute a single batch.
Article 5a
1. The security relating to the import rights shall be EUR 3 per head.
It must be deposited with the competent authority together with theapplication for import rights.
2. Import licence applications must be made for the quantity
allocated. This obligation shall constitute a primary requirement withinthe meaning of Article 20(2) of Regulation (EEC) No 2220/85.
3. If the decision on allocation by the Commission under Article 5
results in application of a reduction percentage, the security provided
shall be released for the import rights applied for in excess of the rightsallocated.
Article 6
1. Imports of the quantities allocated 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. 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.
4. Licences issued shall be valid throughout the Community.5. Without prejudice to the provisions of this Regulation, Regulations
(EEC) No 3719/88 and (EC) No 1445/95 shall apply.1999R1081 — EN — 06.06.2001 — 002.001 — 6
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6. Notwithstanding Article 9(1) of Regulation (EEC) No 3719/88,
import licences issued pursuant to this Regulation shall not betransferable and shall only confer rights under the tariff quotas where
they are made out in the names appearing in the accompanying
declarations of release for free circulation.
7. 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 paragraph
1 not to slaughter imported animals is fulfilled and that duties not paid
are collected where that obligation is not complied with, importers must
lodge a security with the competent customs authorities. The securityshall be equal to the difference between the customs duties laid down inthe common customs tariff and the duties referred to in Article 1(1)applicable on the date of release for free circulation of the animals in
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,
or
(b) have been slaughtered within that period for reasons of force
majeure or 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) n
o1081/1999],
año de importación:…
— Alpine racer og bjergracer (forordning (EF) nr. 1081/1999),
importår:…
— Höhenrassen (Verordnung (EG) Nr. 1081/1999), Einfuhrjahr:…
—Αλπικέςκαιορεσίβιεςφυλές[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) no1081/1999],
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,1999R1081 — EN — 06.06.2001 — 002.001 — 7
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irrespective of the difference between the two arrangements provided for
in Article 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 authorities
within five working days of the entry into force of the Commission
decision 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 Member
States shall send the Commission a list of applicants and the quantities
applied for in respect of each serial number.
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 not
allocated owing to an administrative error by the competent national
body.’
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), Einfuhrjahr:…
—Ορεσίβιες φυλές (κανονισµός (ΕΚ) αριθ. 1143 /98)έτος
εισαγωγής …
— 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:…’1999R1081 — EN — 06.06.2001 — 002.001 — 8
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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.1999R1081 — EN — 06.06.2001 — 002.001 — 9
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ANNEX I
Tariccodes
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
*291999R1081 — EN — 06.06.2001 — 002.001 — 10
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ANNEX II
EC Fax No (32-2) 296 60 27/(32-2) 295 36 13
ApplicationofthefirstindentofArticle 4(4)ofRegulation(EC)No1081/1999
1999R1081 — EN — 06.06.2001 — 002.001 — 11
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ANNEX III
EC Fax No (32-2) 296 60 27/(32-2) 295 36 13
ApplicationofthesecondindentofArticle 4(4)ofRegulation(EC)No1081/1999
1999R1081 — EN — 06.06.2001 — 002.001 — 12