1999R1247 — EN — 06.06.2001 — 003.001 — 1
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►B COMMISSIONREGULATION(EC)No1247/1999
of16June1999
laying down detailed rules for the application of a tariff quota for live bovine animals weighing
from80to300kilogramsandoriginatingincertain thirdcountries
(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 1.6.2000
►M2 Commission Regulation (EC) No 2857/2000 of 27 December 2000 L 332 55 28.12.2000
►M3 Commission Regulation (EC) No 1096/2001 of 5 June 2001 L 150 33 6.6.2001
▼B
COMMISSIONREGULATION(EC)No1247/1999
of16June1999
laying down detailed rules for the application of a tariff quota for
live bovine animals weighing from 80 to 300 kilograms and
originatingincertain thirdcountries
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 adjustment,as an autonomous and transitional measure, of certain agriculturalconcessions provided 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 for certain agricultural products and providing for the adjustment,
as an autonomous and transitional measure, of certain agriculturalconcessions provided for in the agreements on free trade and trade-related matters with Estonia, Latvia and Lithuania, to take account of theAgreement on Agriculture concluded during the Uruguay RoundMultilateral Trade Negotiations (
3), and in particular Article 5 thereof,
(1) Whereas Regulations (EC) No 3066/95 and (EC) No 1926/96provide for the opening of a tariff quota for 153 000 live bovineanimals each year, weighing from 80 to 300 kilograms and
originating in Hungary, Poland, the Czech Republic, Slovakia,
Romania, Bulgaria, Estonia, Latvia and Lithuania and qualifyingfor an 80 % reduction in customs duties; whereas it is necessaryto adopt detailed rules of application, on a multiannual basis, for12-month periods beginning on 1 July, hereinafter called the ‘year
of import’; whereas, to that end, the annual arrangements
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 are genuinely engaged in trade of a significant scale withthird countries; whereas, in consideration of this and in order toensure efficient management, the traders concerned should berequired to have exported and/or imported a minimum of 50
animals during the 12 months preceding the year of import in
question; whereas a consignment of 50 animals in principleconstitutes a normal load; whereas experience has shown that thesale or purchase of a single consignment is a minimumrequirement for a transaction to be considered real and viable;
(3) Whereas, if such criteria are to be checked, applications must bepresented in the Member State where the importer is entered in aVAT register;
(4) Whereas, to ensure orderly importation, the issue of licencesshould be staggered over the year of import;
(5) Whereas it should be stipulated that import rights are to beallocated after a reflection period and where necessary with afixed percentage reduction applied;
(6) Whereas the arrangements should be managed using importlicences; whereas, to this end, rules should be laid down on thesubmission of applications and the information to be given onapplications and licences, where necessary by addition of certain1999R1247 — EN — 06.06.2001 — 003.001 — 2
(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.
▼B
provisions of Commission Regulation (EEC) No 3719/88 of 16
November 1988 laying down common detailed rules for theapplication of the system of import and export licences and
advance fixing certificates for agricultural products (
1), as last
amended by Regulation (EC) No 1127/1999 (2), and of Commis-
sion Regulation (EC) No 1445/95 of 26 June 1995 on rules ofapplication for import and export licences in the beef and vealsector 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 forBeef and 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 thirdcountries listed in Annex II may be imported each year under thisRegulation, 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. For the quantity referred to in paragraph 1 the rate of customs duty
shall be:
— reduced by 80 % in the case of animals originating in Bulgaria, the
Czech Republic, Estonia, Hungary, Latvia, Lithuania, Romania andSlovakia,
— reduced by 90 % in the case of animals originating in Poland.
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 thecompetent authorities of the Member State concerned, at the time theysubmit their applications, that they have imported and/or exported atleast 75 animals covered by CN code 0102 90 during the 12 monthsprior to the year of import concerned; applicants must be entered in a
national VAT register.
However, for the year of import from 1 July 2001 to 30 June 2002, the
reference period referred to in the first subparagraph shall run from 1
July 1999 to 30 June 2000.
2. Proof of import and export shall be furnished exclusively by means
of the customs document of release for free circulation or the exportdocument, 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 canprove to the satisfaction of the competent authority that it is impossible
for them to obtain the originals.
Article 3
1. Applications for import rights may be presented only in the
Member State in which the applicant is registered for VAT purposes.1999R1247 — EN — 06.06.2001 — 003.001 — 3
(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.▼M2
▼B
▼M3
▼B
▼B
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 applicationsfrom 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 the period for the submission of applications at the latest, the list ofapplicants and quantities applied for.
All notifications, including ‘nil’ returns, shall be forwarded by fax using
the model form in Annex I hereto in cases where applications have
actually been submitted.
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, thequantity available shall be awarded by the Member States concerned by
drawing lots for import rights covering 50 head each. Where the
remainder is less than 50 head, a single import right shall be awarded forthat quantity.
Article 4a
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 within
the meaning of Article 20(2) of Regulation (EEC) No 2220/85.
3. If the decision on allocation by the Commission under Article 4
results in application of a reduction percentage, the security providedshall be released for the import rights applied for in excess of the rights
allocated.
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 quantitiesequivalent to the rights allocated.1999R1247 — EN — 06.06.2001 — 003.001 — 4
▼M3
▼B
▼M1
▼B
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) no1247/1999
— Forordning (EF) nr. 1247/1999— Verordnung (EG) Nr. 1247/1999—Κανονισµός (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 ofimport.
5. Import licences issued in accordance with this Regulation shall be
valid for 90 days from their date of issue within the meaning of Article21(2) of Regulation (EEC) No 3719/88. However, licences shall not bevalid after 30 June of the year of import.
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.
8. Notwithstanding Article 9(1) of Regulation (EC) No 1291/2000,
import licences issued under this Regulation shall not be transferableand shall confer the right to use the tariff quota only if made out in thename entered on the declaration of release for free circulationaccompanying them.
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
Agreements with the central European associate countries and Protocol3 annexed to the Europe Agreements with the Baltic countries or adeclaration 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 .1999R1247 — EN — 06.06.2001 — 003.001 — 5
▼M1
▼B
▼M3
▼B
▼B
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1999R1247 — EN — 06.06.2001 — 003.001 — 6
▼B
ANNEX I
EC Fax: (32 2) 296 60 27
ApplicationofRegulation(EC)No1247/1999
Serial No 09.4537
1999R1247 — EN — 06.06.2001 — 003.001 — 7
▼B
ANNEX II
Listofthirdcountries
Hungary
Poland
Czech RepublicSlovakia
Romania
BulgariaLithuaniaLatvia
Estonia1999R1247 — EN — 06.06.2001 — 003.001 — 8