1998R1143 — EN — 30.05.1999 — 001.001 — 1
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►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
►M1Commission Regulation (EC) No 1081/1999 of 26 May 1999 L 131 15 27.5.1999
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 tariffquotasfor certain agricultural productsand providing for the adjus t-
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), aslas t 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
quotasfor certain agricultural productsand providing for the adjus t-
ment, as an autonomous and transitional measure, of certainagricultural concessions provided for in the agreements on free tradeand trade-related matterswith Es tonia, 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,
WhereasRegulation (EC) No 3066/95 providesfor the opening of a
tariff quota for an annual quantity of 7 000 cowsand heifersof s peci-
fied mountain breedsoriginating in Hungary, Poland, the CzechRepublic, Slovakia, Bulgaria, Romania, Lithuania, Latvia and Estoniaat a customs duty of 6 % ad valorem ; whereasthat quota s hould 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 rulesof application laid 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 importersto thispart of the quota; whereasthere s hould be provi-
sion to correct any 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 traderswho are able to s how 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 monthspreceding the year of import in ques tion; whereasa
batch of 15 animalsin principle cons titutesa 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;
Whereasverification of thes e criteria requiresall applicationsto be
submitted in the Member State where the importer is registered forVAT purposes;
Whereasin order to prevent s peculation, tradersno longer engaged in
trade in beef and veal at 1 July of the year of import in question shouldbe denied access to the quota;1998R1143 — EN — 30.05.1999 — 001.001 — 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 provision should be made for the system to be administered
by meansof import licences ; whereasto that end detailed rulesforthe submission of applications and the information which should appear
in applications and licences should be laid down, if necessary by way
of derogation from certain provisions of Commission Regulation (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 certificatesfor agricultural products (
1), aslas t amended
by Regulation (EC) No 1044/98(2), and Commission Regulation (EC)
No 1445/95 of 26 June 1995 on rulesof application for import andexport licencesin the beef and veal s ector and repealing Regulation(EEC) No 2377/80(
3), aslas t amended by Regulation (EC) No 759/
98(4); whereas, moreover, provision should be made for the licences
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 animalsto be identified in accordance with CouncilRegulation (EC) No 820/97 of 21 April 1997 establishing a system forthe identification and registration of bovine animals and regarding thelabelling of beef and beef products(
5);
WhereasArticle 82 of Council Regulation (EEC) No 2913/92 of 12
October 1992 establishing the Community Customs Code(6), aslas t
amended by Regulation (EC) No 82/97(7), provides for customs super-
vision of goods released for free circulation at 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 dutiesunder theCommon Customs Tariff (CCT) and the reduced duties applicablewhen the animalsin ques tion were entered for free circulation;
Whereas Article 7(2) of Commission Regulation (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, in order
to comply with the ban on slaughter of the imported animals within acertain period, a security equivalent to the specific amount of the CCTcustoms duties should be provided;
Whereasthisamount doesnot cover the whole of the cus tomsdebt 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 dutiesand 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; whereasthere
should therefore be provision to correct any harm caused;
Whereasthe meas uresprovided for in thisRegulation are in accor-
dance with the opinion of the Management Committee for Beef andVeal,1998R1143 — EN — 30.05.1999 — 001.001 — 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 ishereby 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 animalsoriginating in thethird countrieslis ted in Annex I.
Serial NoCN code
(1)DescriptionQuota volume
(head)Customs duty
09.4563 ex 0102 90 05
ex 0102 90 29
ex 0102 90 49
ex 0102 90 59
ex 0102 90 69Cowsand heifersother 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 monthsof the date of acceptance of the declaration of releas e for free
circulation.
Derogationsmay, however, be granted in duly proven cas esof forcemajeure .
Article 2
1. The quota referred to in Article 1(1) shall be divided into two parts of
80 %, i.e. 5 600 head, and 20 %, i.e. 1 400 head, respectively.
(a) The first part, equal to 80 %, shall be allocated among importers in the
Community who can furnish proof of having imported animals under the
quota for serial No 09.4563 during the 36 months preceding the year of
import in question.
However, the Member Statesmay accept asthe reference quantity import
rightsin res pect of the preceding year of import that were not allocated
owing to an administrative error by the competent national body.
(b) The second part, equal to 20 %, shall be allocated among importers who can
furnish proof of having imported from third countries during the 12 months
preceding the year of import in question at least 15 live bovine animals
falling within CN code 0102.
Importers must be entered in a national VAT register.2. The first part of the quota shall be allocated among importers on the basis
of their applicationsfor import rightsin proportion to their importsof animals
as referred to in paragraph 1(a) during the period stated in that subparagraph.
3. The second part of the quota shall be allocated among importers as
referred to in paragraph 1(b) on the basis of their applications for import rights
in proportion to the quantitiesapplied for.
Import right applicationsmus t relate to:
— at least 15 head, and
— no more than 50 head.
Licence applicationsrelating to more than 50 head s hall be automatically
reduced to that number.
4. Proof of import shall be provided exclusively by means of the customs
document of release for free circulation duly stamped by the customs authori-
ties.
Member Statesmay accept copiesof the above documents , duly certified 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.1998R1143 — EN — 30.05.1999 — 001.001 — 4
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Article 3
1. Importerswho on 1 July of the year of import in ques tion were no longer
engaged in any activity in the beef and veal sector shall not qualify for an allo-
cation pursuant to Article 2(1)(a).
2. Any company formed by the merger of companieseach having rights
pursuant to Article 2(2) shall benefit from the same rights as the companies
from which it hasbeen formed.
Article 4
1. An application for import rightsmay be s ubmitted only in the Member
State in which the applicant isentered in the national VAT regis ter.
2. An applicant may submit only one application and that application 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 rightsto the competent authoritiestogether with the proof
referred to in Article 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, the list of importers who meet
the acceptance conditions, showing in particular 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 importersby 10 July of each year of import at the lates t, together
with the proof referred to in Article 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
quantitiesreques ted.
5. All notifications, including notifications of nil applications, shall be made
by telex or fax, drawn up on the basis of the specimens in Annexes III and IV in
the case where applications have in fact been lodged.
Article 5
1. The Commission shall decide to what extent applications may be accepted.
2. Asregardsthe applicationsreferred to in Article 4(4), if the quantitiesin
respect of which applications are made exceed the quantities available, the
Commission shall reduce the quantities applied for by a fixed percentage.
If the reduction referred to in the preceding subparagraph results in a quantity of
less than 15 head per application, the allocation shall be made by drawing lots,
by batchesof 15 head, by the Member Statesconcerned. If the remaining quan-
tity is less than 15 head, that quantity shall constitute a single batch.
Article 6
1. Imports of the quantities allocated shall be subject to presentation of an
import licence.
2. Licence applicationsmay be s ubmitted only to the competent authoritiesin
the Member State where the applicant isentered in the national VAT regis ter.
3. Upon notification of allocation from the Commission, import licences shall
be issued at the earliest opportunity at the request and in the name of importers
who have obtained import rights.
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 of issue.
5. Licences issued shall be valid throughout the Community.1998R1143 — EN — 30.05.1999 — 001.001 — 5
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6. Without prejudice to thisRegulation, Regulations(EEC) No 3719/88 and
(EC) No 1445/95 shall apply.
However, Article 8(4) of Regulation (EEC) No 3719/88 shall not apply.
Article 7
1. Checks to ensure that the animals imported are not slaughtered in the four
months following their release into free circulation shall be conducted in accor-
dance with Article 82 of Regulation (EEC) No 2913/92.
4. In order to ensure compliance with the obligation not to slaughter theanimalsreferred to in paragraph 1 and to ens ure 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 differ-
ence between the customs duties laid down in the Common Customs Tariff and
the dutiesreferred to in Article 1(1) applicable on the date when the animalsare
entered for free circulation.
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 been slaughtered within that time for reasons of force majeure or for
health reasons or have died as a result of disease or an accident.
Article 8
Licence applications and licences shall contain the following entries:
(a) in box 8, the name of one or more of the countrieslis ted in Annex I;
licencess hall carry an obligation to import from one or more of the coun-
triesindicated;
(b) in box 16, the CN codess et out in Annex II;
(c) in box 20, one of the following:
— Razasde 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: …
— Racesde 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: …— Raçasde 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 9
The imported animalss hall qualify for the dutiesreferred 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 Agreementsand Protocol
3 annexed to the Free Trade Agreementsor a declaration by the exporter in
accordance with the said Protocols.
Article 10
Regulation (EC) No 1012/98 isamended asfollows :1. The following subparagraph is added to point (a) of Article 2(1):1998R1143 — EN — 30.05.1999 — 001.001 — 6
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‘Without prejudice to the first subparagraph, the Member States may accept
asthe reference quantity import rightsfor the previousyear of import which
were not allocated because of an administrative error by the competent
national body.’
2. Article 7(2) isreplaced by the following:
‘2. In order to ensure compliance with the obligation not to slaughter the
animalsreferred to in paragraph 1 and to ens ure 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 down in the Common
Customs Tariff and the duties referred to in Article 1(1) applicable on the
date when the animalsare entered for free circulation.’
Article 11
ThisRegulation s hall enter into force on the third day following itspublication
in theOfficial JournaloftheEuropeanCommunities .
It shall apply from 1 July 1998.
ThisRegulation s hall be binding in itsentirety and directly applicable in all
Member States.1998R1143 — EN — 30.05.1999 — 001.001 — 7
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ANNEX I
Listofthirdcountries
— Hungary
— Poland— Czech Republic— Slovakia— Romania— Bulgaria— Lithuania— Latvia— Estonia1998R1143 — EN — 30.05.1999 — 001.001 — 8
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ANNEX II
TARICcodes
CN codesTARIC codes
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
*301998R1143 — EN — 30.05.1999 — 001.001 — 9
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ANNEX III
1998R1143 — EN — 30.05.1999 — 001.001 — 10
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ANNEX IV
1998R1143 — EN — 30.05.1999 — 001.001 — 11