1998R1143 — EN — 06.06.2001 — 003.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No1143/98
of2June1998
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)
No1012/98
(OJ L 159, 3.6.1998, p. 14)
Amended by:
Official Journal
No page date
►M1CommissionRegulation(EC) No 1081/1999 of 26 May 1999 L 131 15 27.5.1999
►M2CommissionRegulation(EC) No 1174/2000 of 31 May 2000 L 131 30 1.6.2000
►M3CommissionRegulation(EC) No 1096/2001 of 5 Jun e 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)No1143/98
of2June1998
layingdowndetailedrulesforatariffquotaforcowsandheifersof
specified mountain breeds originating in various third countries,other than for slaughter, and amending Regulation (EC) No 1012/
98
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 tariffquotas for certain agricultural products and providing for the adjust-
ment, as an autonomous and transitional measure, of certain
agricultural concessions provided for in the Europe Agreements totake account of the Agreement on agriculture concluded during theUruguay Round of multilateral trade negotiations(
1), as last amended
by Regulation(EC) No 1595/97 (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 adjust-
ment, as an autonomous and transitional measure, of certainagricultural concessions provided for in the agreements on free tradeand trade-related matters with Estonia, Latvia and Lithuania, to takeaccount of the Agreement on agriculture concluded during the UruguayRound of multilateral trade negotiations (
3), and in particular Article 5
thereof,
Whereas Regulation (EC) No 3066/95 provides for the opening of a
tariff quota for an annual quantity of 7 000 cows and heifers of speci-
fied mountain breeds originating in Hungary, Poland, the CzechRepublic, Slovakia, Bulgaria, Romania, Lithuania, Latvia and Estoniaat a customs duty of 6 % ad valorem ; whereas that quota should be
opened on a multiannual basis for periods of 12 months commencingon 1 July (hereinafter referred to as ‘the year of import’) and the
detailed rules of applicationlaid down ;
Whereas experience has shown that limiting imports may lead to spec-
ulative import licence applications; whereas, in order to ensure that the
planned measures function properly, the greater part of the quantitiesavailable should be allocated to ‘traditional’ importers of cows andheifers of specified mountain breeds; whereas in certain cases adminis-trative errors by the competent national body threaten to restrict access
by importers to this part of the quota; whereas there should be provi-
sionto correct an y harm caused;
Whereas, in order to avoid forcing trade relations in this product group
into an excessively rigid mould, a second tranche should be madeavailable to traders who are able to show that they are engaged ingenuine trade of some scale with third countries; whereas, in thisconnection and in order to ensure efficient management, the traderconcerned must be required to have imported at least 15 head during
the 12 months preceding the year of import in question; whereas a
batch of 15 animals in principle constitutes a normal load and experi-ence shows that the sale or purchase of a single batch is a minimumrequirement for a transaction to be considered genuine and viable;
Whereas verificationof these criteria requires all application s to be
submitted inthe Member State where the importer is registered forVAT purposes;
Whereas in order to prevent speculation, traders no longer engaged in
trade inbeef an d veal at 1 July of the year of import inquestionshouldbe denied access to the quota;1998R1143 — EN — 06.06.2001 — 003.001 — 2
(1) OJ L 328, 30. 12. 1995, p. 31.
(2) OJ L 216, 8. 8. 1997, p. 1.
(3) OJ L 254, 8. 10. 1996, p. 1.
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Whereas provisionshould be made for the system to be admin istered
by means of import licences; whereas to that end detailed rules forthe submission of applications and the information which should appear
in applications and licences should be laid down, if necessary by way
of derogationfrom certainprovision s of CommissionRegulation(EEC)No 3719/88 of 16 November 1988 laying down common detailed rulesfor the application of the system of import and export licences andadvance 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 for import andexport licences in the beef and veal sector and repealing Regulation(EEC) No 2377/80 (
3), as last amended by Regulation (EC) No 759/
98 (4); whereas, moreover, provisionshould be made for the licen ces
to be issued after a period of consideration and subject where necessary
to a uniform percentage reduction;
Whereas, so that the destination can be checked, provision should be
made for imported animals to be identified in accordance with CouncilRegulation(EC) No 820/97 of 21 April 1997 establishin g a system forthe identification and registration of bovine animals and regarding thelabelling of beef and beef products (
5);
Whereas Article 82 of Council Regulation (EEC) No 2913/92 of 12
October 1992 establishing the Community Customs Code (6), as last
amended by Regulation (EC) No 82/97 (7), provides for customs super-
visionof goods released for free circulationat a reduced rate onaccount of their end-use; whereas the animals imported should bemonitored to ensure they are not slaughtered during a certain period;
whereas, to ensure that slaughter does not take place, a security should
be required to cover the difference between the duties under theCommonCustoms Tariff (CCT) an d the reduced duties applicablewhen the animals in question were entered for free circulation;
Whereas Article 7(2) of CommissionRegulation(EC) No 1012/98 of
14 May 1998 opening and providing for the management of tariff
quotas for the import of bulls, cows and heifers, other than for
slaughter, of certain alpine and mountain breeds (
8) states that, inorder
to comply with the banonslaughter of the imported an imals withinacertain period, a security equivalent to the specific amount of the CCTcustoms duties should be provided;
Whereas this amount does not cover the whole of the customs debt in
the case of non-compliance with the obligations relating to this quota;
whereas the amount of the security should therefore be adjusted toreflect the difference between the CCT duties and the reduced duties;
Whereas in certain cases administrative errors by the competent
national body threaten to restrict access by traditional importers to thepart of the quota covered by the above Regulation; whereas there
should therefore be provisionto correct an y harm caused;
Whereas the measures provided for inthis Regulationare inaccor-
dance with the opinion of the Management Committee for Beef andVeal,1998R1143 — EN — 06.06.2001 — 003.001 — 3
(1) OJ L 331, 2. 12. 1988, p. 1.
(2) OJ L 149, 20. 5. 1998, p. 11.
(3) OJ L 143, 27. 6. 1995, p. 35.
(4) OJ L 105, 4. 4. 1998, p. 7.
(5) OJ L 117, 7. 5. 1997, p. 1.
(6) OJ L 302, 19. 10. 1992, p. 1.
(7) OJ L 17, 21. 1. 1997, p. 1.
(8) OJ L 145, 15. 5. 1998, p. 13.
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HAS ADOPTED THIS REGULATION:
Article 1
1. The following tariff quota is hereby opened on a multiannual
basis for periods from 1 July to 30 June of the following year (herein-
after referred to as ‘the year of import’), for animals originating in thethird countries listed in Annex I.
Serial NoCN code
(1)DescriptionQuota volume
(head)Customs duty
09.4563 ex 01029005
ex 01029029
ex 01029049
ex 01029059
ex 01029069Cows and heifers other than
for slaughter of the following
mountain breeds: grey, brown,
yellow, mottled Simmental
and Pinzgau7 000 6 %
advalorem
(1) For Taric codes: see Annex II.
2. For the purposes of this Regulation, the animals referred to in
paragraph 1 shall be deemed to be not for slaughter where they are
not slaughtered within four months of the date of acceptance of the
declarationof release for free circulation .
Derogations may, however, be granted in duly proven cases of force
majeure.
Article 2
1. The quota referred to inArticle 1(1) shall be divided in to two
parts of 70 %, i.e. 4 900 head, and 30 %, i.e. 2 100 head, respectively.
(a) The first part, equal to 70 %, shall be allocated among importers in
the Community who can furnish proof of having imported animalsunder the quota for serial No 09.4563 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 allo-
cated because of an administrative error by the competent national
body but to which the importer would have beenen titled.
(b) The second part, equal to 30 %, shall be allocated among importers
who can furnish proof of having imported from third countries at
least 75 live bovine animals falling within 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 runfrom 1 July 1997 to 30 June 2000, and that referred to at (b) shall run
from 1 July 1999 to 30 June 2000.
2. The first part of the quota shall be allocated among importers on
the basis of their applications for import rights in proportion to their
imports of animals as referred to in paragraph 1(a) during the period
stated inthat subparagraph.
3. The second part of the quota shall be allocated among importers
as referred to inparagraph 1(b) onthe basis of their application s forimport rights inproportionto the quan tities applied for.
Import right applications must relate to:
— at least 15 head, and
— no more than 50 head.
Licence applications relating to more than 50 head shall be automati-
cally reduced to that number.1998R1143 — EN — 06.06.2001 — 003.001 — 4
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4. Proof of import shall be provided exclusively by means of the
customs document of release for free circulation duly stamped by thecustoms authorities.
Member States may accept copies of the above documents, duly certi-
fied by the issuing authority, if applicants can prove to the satisfaction
of the competent authority that they were not able to obtain the original
document.
Article 3
1. Importers who on1 July of the year of import inquestionwere
no longer engaged in any activity in the beef and veal sector shall not
qualify for anallocationpursuan t to Article 2(1)(a).
2. Any company formed by the merger of companies each having
rights pursuant to Article 2(2) shall benefit from the same rights as
the companies from which it has been formed.
Article 4
1. Anapplicationfor import rights may be submitted on ly inthe
Member State in which the applicant is entered in the national VATregister.
2. An applicant may submit only one application and that applica-
tion shall relate to only one part of the quota.
Where an applicant submits more than one application, all applications
from that person shall be considered invalid.
3. For the purposes of Article 2(1)(a), importers shall present the
applications for the import rights to the competent authorities togetherwith the proof referred to inArticle 2(4) by 10 July of each year of
import at the latest.
After verification of the documents presented, Member States shall
forward to the Commission, by the seventh working day following the
end of the period for the submission of applications at the latest, thelist of importers who meet the acceptance conditions, showing in parti-cular their names and addresses and the number of eligible animalsimported during the period referred to in Article 2(2).
4. For the purposes of Article 2(1)(b), applications for import rights
must be lodged by importers by 10 July of each year of import at thelatest, together with the proof referred to inArticle 2(4).
After verification of the documents presented, Member States shall
forward to the Commission, by the seventh working day following the
end of the period for the submission of applications at the latest, the
list of applicants and the quantities requested.
5. All notifications, including notifications of nil applications, shall
be made by telex or fax, drawnup onthe basis of the specimen s inAnnexes III and IV in the case where applications have in fact beenlodged.
Article 5
1. The Commission shall decide to what extent applications may be
accepted.
2. As regards the applications referred to in Article 4(4), if the quan-
tities in respect of which applications are made exceed the quantities
available, the Commissionshall reduce the quan tities applied for by afixed percentage.
If the reductionreferred to inthe precedin g subparagraph results ina
quantity of less than 15 head per application, the allocation shall bemade by drawing lots, by batches of 15 head, by the Member Statesconcerned. If the remaining quantity is less than 15 head, that quantityshall constitute a single batch.1998R1143 — EN — 06.06.2001 — 003.001 — 5
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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 withthe applicationfor import rights.
2. Import licence applications must be made for the quantity allo-
cated. This obligationshall con stitute a primary requiremen t within
the meaning of Article 20(2) of Regulation (EEC) No 2220/85.
3. If the decisiononallocationby the Commissionun der Article 5
results inapplicationof a reductionpercen tage, the security provided
shall be released for the import rights applied for inexcess of the rightsallocated.
Article 6
1. Imports of the quantities allocated shall be subject to presentation
of animport licen ce.
2. Licence applications may be lodged solely:
— inthe Member State inwhich the applicationfor import rights has
beenlodged, an d
— by traders to whom import rights have beenallocated. Import rights
allocated to traders entitle them to import licences for quantities
equivalent to the rights allocated.
4. Import licences shall be valid for 90 days from their date of issue.
However, they shall expire no later than 30 June following the date ofissue.
5. Licences issued shall be valid throughout the Community.6. Without prejudice to this Regulation, Regulations (EEC) No 3719/
88 and (EC) No 1445/95 shall apply.
However, Article 8(4) of Regulation(EEC) No 3719/88 shall n ot
apply.
7. Notwithstanding Article 9(1) of Commission Regulation (EC) No
1291/2000 (
1), import licences issued under this Regulation shall not be
transferable and shall confer the right to use the tariff quota only ifmade out in the name entered on the declaration of release for freecirculation accompanying them.
Article 7
1. Checks to ensure that the animals imported are not slaughtered in
the four months following their release into free circulation shall beconducted in accordance with Article 82 of Regulation (EEC)No 2913/92.
4. In order to ensure compliance with the obligation not to slaughterthe animals referred to in paragraph 1 and to ensure collection of dutiesnot received where that obligation is not complied with, a security shall
be lodged with the competent customs authorities. The amount of that
security shall be the difference between the customs duties laid downinthe CommonCustoms Tariff an d the duties referred to inArticle1(1) applicable on the date when the animals are entered for free circu-lation.1998R1143 — EN — 06.06.2001 — 003.001 — 6
(1) OJ L 152, 24.6.2000, p. 1.▼B
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Such securities shall be released immediately where proof is furnished
to the customs authorities concerned to the effect that the animals:
(a) have not been slaughtered within four months of the date of their
release for free circulation; or
(b) have beenslaughtered withinthat time for reason s of forcemajeure
or for health reasons or have died as a result of disease or an acci-dent.
Article 8
Licence applications and licences shall contain the following entries:
(a) in box 8, the name of one or more of the countries listed in Annex
I; licences shall carry an obligation to import from one or more of
the countries indicated;
(b) inbox 16, the CN codes set out inAn n ex II;
(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) no1143/98], ano de
importação: …
— Vuoristorotuja (Asetus (EY) N:o 1143/98), tuontivuosi: …
— Bergraser (förordning (EG) nr 1143/98), importår: …
Article 9
The imported animals shall qualify for the duties referred to in Article
1 on presentation of an EUR.1 movement certificate issued by theexporting country in accordance with Protocol 4 annexed to the EuropeAgreements and Protocol 3 annexed to the Free Trade Agreements or a
declarationby the exporter inaccordan ce with the said Protocols.
Article 10
Regulation(EC) No 1012/98 is amen ded as follows:1. The following subparagraph is added to point (a) of Article 2(1):
‘Without prejudice to the first subparagraph, the Member States may
accept as the reference quantity import rights for the previous yearof import which were not allocated because of an administrativeerror by the competent national body.’
2. Article 7(2) is replaced by the following:
‘2. In order to ensure compliance with the obligation not to
slaughter the animals referred to in paragraph 1 and to ensurecollection of duties not received where that obligation is notcomplied with, a security shall be lodged with the competentcustoms authorities. The amount of that security shall be the differ-ence between the customs duties laid down in the Common Customs1998R1143 — EN — 06.06.2001 — 003.001 — 7
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Tariff and the duties referred to in Article 1(1) applicable on the
date when the animals are entered for free circulation.’
Article 11
This Regulation shall enter into force on the third day following its
publicationinthe Official JournaloftheEuropeanCommunities .
It shall apply from 1 July 1998.
This Regulation shall be binding in its entirety and directly applicable
inall Member States.1998R1143 — EN — 06.06.2001 — 003.001 — 8
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ANNEX I
Listofthirdcountries
— Hungary
— Poland
— Czech Republic
— Slovakia— Romania— Bulgaria— Lithuania— Latvia— Estonia1998R1143 — EN — 06.06.2001 — 003.001 — 9
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ANNEX II
TARICcodes
CN codes TARIC codes
ex 01029005 01029005*20
*40
ex 01029029 01029029*20
*40
ex 01029049 01029049*20
*40
ex 01029059 01029059*11
*19
*31
*39
ex 01029069 01029069*10
*301998R1143 — EN — 06.06.2001 — 003.001 — 10
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ANNEX III
1998R1143 — EN — 06.06.2001 — 003.001 — 11
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ANNEX IV
1998R1143 — EN — 06.06.2001 — 003.001 — 12