1998R1143 — EN — 04.06.2000 — 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)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
Corrected by:
►C1Corrigendum, OJ L 145, 10.6.1999, p. 39 (1081/1999)
▼B
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 — 04.06.2000 — 002.001 — 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.
▼B
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 — 04.06.2000 — 002.001 — 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.
▼B
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 declaration of release for free
circulation.
Derogations may, however, be granted in duly proven cases of forcemajeure .
Article 2
1. The quota referred to inArticle 1(1) shall be divided in to 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 inquestion .
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.
(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 applications for import rights in proportion to their imports of animals
as referred to inparagraph 1(a) durin g 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 for import 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 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 States may accept copies of 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 — 04.06.2000 — 002.001 — 4
▼M1
▼B
▼B
Article 3
1. Importers who on 1 July of the year of import in question were no longer
engaged in any activity in the beef and veal sector shall not qualify for an allo-
cationpursuan 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 beenformed.
Article 4
1. Anapplicationfor import rights may be submitted on ly inthe Member
State in which the applicant is entered in the national VAT register.
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 rights to the competent authorities together with 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 submissionof application s at the latest, the list of importers who meet
the acceptance conditions, showing in particular their names and addresses and
the number of eligible animals imported 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 the latest, 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, 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. As regards the applications referred to in Article 4(4), if the quantities in
respect of which applications are made exceed the quantities available, the
Commission shall reduce the quantities applied for by a fixed percentage.
If the reductionreferred to inthe precedin g subparagraph results ina quan tity of
less than 15 head per application, the allocation shall be made by drawing lots,
by batches of 15 head, by the Member States concerned. 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 applications may be lodged solely:
— inthe Member State inwhich the applicationfor import rights has been
lodged, and
— by traders to whom import rights have beenallocated. Import rights allo-
cated 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 of issue.
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.1998R1143 — EN — 04.06.2000 — 002.001 — 5
▼M2
▼B
▼B
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 theanimals referred to in paragraph 1 and to ensure collection of duties not received
where that obligationis n ot 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 duties referred to inArticle 1(1) applicable onthe date whenthe an imals are
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 beenslaughtered withinthat time for reason s 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 countries listed in Annex I;
licences shall carry an obligation to import from one or more of the coun-
tries 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) 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 animals shall qualify for the duties referred 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 Agreements and Protocol
3 annexed to the Free Trade Agreements or a declaration by the exporter in
accordance 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 year of import which
were not allocated because of an administrative error by the competent
national body.’
2. Article 7(2) is replaced by the following:1998R1143 — EN — 04.06.2000 — 002.001 — 6
▼M1
▼B
▼M1
▼C1
▼M1
▼B
▼B
‘2. In order to ensure compliance with the obligation not to slaughter the
animals referred to in paragraph 1 and to ensure collection of duties not
received where that obligationis n ot 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 animals are entered for free circulation.’
Article 11
This Regulation shall enter into force on the third day following its publication
intheOfficial JournaloftheEuropeanCommunities .
It shall apply from 1 July 1998.
This Regulation shall be binding in its entirety and directly applicable in all
Member States.1998R1143 — EN — 04.06.2000 — 002.001 — 7
▼B
ANNEX I
Listofthirdcountries
— Hungary
— Poland— Czech Republic— Slovakia— Romania— Bulgaria— Lithuania— Latvia— Estonia1998R1143 — EN — 04.06.2000 — 002.001 — 8
▼B
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 — 04.06.2000 — 002.001 — 9
▼B
ANNEX III
1998R1143 — EN — 04.06.2000 — 002.001 — 10
▼B
ANNEX IV
1998R1143 — EN — 04.06.2000 — 002.001 — 11