1999R1128 — EN — 01.07.2002 — 004.001 — 1
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►B COMMISSIONREGULATION(EC)No1128/1999
of28May1999
laying downdetailed rules of application for a tariff quota for calves weighing not more than 80
kilogramsoriginatingincertain thirdcountries
(OJ L 135, 29.5.1999, p. 50)
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 2857/2000 of 27 December 2000 L 332 55 28.12.2000
►M3Commission Regulation (EC) No 1096/2001 of 5 June 2001 L 150 33 6.6.2001
►M4Commission Regulation (EC) No 1634/2002 of 13 September 2002 L 247 7 14.9.2002
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COMMISSIONREGULATION(EC)No1128/1999
of28May1999
laying down detailed rules of application for a tariff quota for
calves weighing not more than 80 kilograms originating in certain
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 adjust-ment, as an autonomous and transitional measure, of certain
agricultural concessions provided for in the Europe Agreements to
take account of the Agreement on Agriculture concluded during theUruguay 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 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 agreements on free trade
and trade-related matters withEstonia, Latvia and Lith uania, to takeaccount of the Agreement on Agriculture concluded during theUruguay Round Multilateral Trade Negotiations(
3) and in particular
Article 5 thereof,
Having regard to Council Decision 98/677/EC of 18 May 1998 on the
conclusion of a Protocol adjusting trade aspects of the Europe Agree-ment establishing an association between the European Communities
and their Member States, of the one part, and the Republic of
Lithuania, of the other part, to take account of the accession of theRepublic of Austria, the Republic of Finland and the Kingdom ofSweden to the European Union and the outcome of the Uruguay Roundnegotiations on agriculture, including improvements to the existing
preferential arrangements(
4), and in particular Article 2 thereof,
Having regard to Council Decision 1999/86/EC of 18 May 1998 on the
conclusion of a Protocol adjusting trade aspects of the Europe Agree-
ment establishing an association between the European Communitiesand their Member States, of the one part, and the Republic of Estonia,of the other part, to take account of the accession of the Republic ofAustria, the Republic of Finland and the Kingdom of Sweden to theEuropean Union and the outcome of the Uruguay Round negotiations
on agriculture, including improvements to the existing preferential
arrangements(
5), and in particular Article 2 thereof,
(1)Whereas Regulations (EC) No 3066/95 and (EC) No 1926/96and Decisions 98/677/EC and 1999/86/EC provide for theopening of a tariff quota for an annual volume of 178000 live
bovine animals weighing 80 kilograms or less originating in
Hungary, Poland, the Czech Republic, Slovakia, Romania,Bulgaria, Estonia, Latvia and Lithuania and benefiting from an80 % reduction in the rate of customs duties; whereas it is neces-sary to adopt, on a multiannual basis, for 12-monthperiodsbeginning on 1 July, hereinafter called the ‘year of import’,
detailed rules of application; whereas, to that end, the annual
arrangements provided for in the past for that quota should beapplied;
(2)Whereas experience shows that limiting imports can give rise tospeculative import applications; whereas, in order to guarantee1999R1128 — EN — 01.07.2002 — 004.001 — 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.
(4) OJ L 321, 30.11.1998, p. 1.
(5) OJ L 29, 3.2.1999, p. 9.
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that the planned measures function correctly, most of the quanti-
tioes available should be reserved for ‘traditional’ importers oflive bovine animals; whereas in certain cases administrative
errors by the competent national body threaten to restrict access
by traders to this part of the quota; whereas there should beprovision to correct any harm caused;
(3)Whereas, so as not to introduce rigidity into trade relations in thesector, a second allocation should be made available for traders
able to show that they are carrying out a genuine activity invol-
ving trade in a significant number of animals withth irdcountries; whereas, in consideration of this and in order toensure efficient management, a minimum of 100 animals shouldbe required to have been exported and/or imported during the 12
months preceding the year of import in question by the traders
concerned; whereas a batch of 100 animals in principle consti-tutes a normal load; whereas experience has shown that the saleor purchase of a single batch is a minimum requirement for atransaction to be considered real and viable;
(4)Whereas verification of these criteria requires all applications
from the same trader to be submitted in the Member State where
the trader is registered for VAT purposes;
(5)Whereas, so as to avoid speculation, access to the quota shouldbe denied to ‘traditional’ traders no longer carrying out anactivity in the beef and veal sector on 1 June preceding the
year of import in question;
(6)Whereas it should be stipulated that import rights are to be allo-
cated after a reflection period and where necessary with a fixedpercentage reduction applied;
(7)Whereas, to ensure orderly importation, the issue of the licences
should be staggered over the year of import;
(8)Whereas the arrangements should be managed using import
licences; 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 certainprovisions of Commission Regulation (EEC) No 3719/88 of 16
November 1988 laying down common detailed rules for the
application of the system of import and export licences andadvance fixing certificates for agricultural products(
1), as last
amended by Regulation (EC) No 168/1999(2), and of Commis-
sion Regulation (EC) No 1445/95 of 26 June 1995 on rules of
application for import and export licences in the beef and veal
sector and repealing Regulation (EEC) No 2377/80(3), as last
amended by Regulation (EC) No 2648/98(4);
(9)Whereas the measures provided for in this Regulation are inaccordance with the opinion of the Management Committee for
Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
With the exception of imports under the tariff quotas for the importa-
tion of 169000 young male bovine animals for fattening and 153000live bovine animals weighing between 80 and 300 kilograms, importsinto the Community of live bovine animals falling within CN codes0102 90 05, 0102 90 21, 0102 9029, 0102 9041 and 0102 90 49 andreferred to in Article 1(1)(a) of Council Regulation (EEC) No 805/1999R1128 — EN — 01.07.2002 — 004.001 — 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.
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68(1), originating in the countries listed in Annex I, shall be subject to
the management measures laid down in this Regulation.
Article 2
1. Import licences under this Regulation may be issued on a multi-
annual basis for periods from 1 July to 30 June of the following year
(hereinafter called ‘the year of import’), for individual years of importonly for 178000 animals falling within CN code 0102 90 05 origi-nating in the countries listed in Annex I.
The quota shall have the serial number 09.4598
2. For the quantity referred to in paragraph 1, the rate of customs
duty shall be reduced by:
— 80 % for animals originating in the Czech Republic, Slovakia,
Bulgaria, Romania, Estonia, Latvia and Lithuania,
— 90 % for animals originating in Poland and Hungary.
3. The annual quantity referred to in paragaph 1 shall be divided
into two parts, as follows:
(a) the first part, equal to 70 %, i.e. 124 600 head, shall be allocated
among importers who can furnish proof of having imported animals
under the quota bearing serial No 09.4598 during the 36 monthspreceding the import year in question.
However, 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 nationalbody.
(b) the second part, equal to 30 %, i.e. 53400 head, shall be allocated
among traders who can furnish proof of having imported and/orexported during the 12 months preceding the year of import inquestion at least 100 live bovine animals falling withn CN code0102 90 apart from those under (a).
Traders must be registered for VAT purposes in a Member State.
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.
4. The 124600 head shall be allocated on the basis of applications
for import rights among the eligible importers in proportion to theirimports of animals within the meaning of the first subparagraph of
paragraph 3(a) during the period referred to in that point and proven
in accordance withparagraph6.
5. The 53400 head shall be allocated among the eligible traders in
proportion to the quantities applied for within the meaning of para-graph3(b) and proven in accordance withparagraph6.
6. Proof of import and export shall be provided exclusively by
means of the customs document of release for free circulation or the
export document duly stamped by the customs authorities.
Member States may accept copies of the above document duly certified
by the issuing authority where applicants can prove to the satisfactionof the competent authority that they were not able to obtain the originaldocuments.1999R1128 — EN — 01.07.2002 — 004.001 — 4
(1) OJ L 148, 28.6.1968, p. 24.▼M4
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Article 3
1. Traders who on 1 June preceding the year of import in question
were no longer engaged in any activity in the beef and veal sector shall
not qualify for the allocation under the first subparagraph of Article
2(3)(a).
2. Any business formed by the merger of businesses each having
rights under Article 2(4) shall enjoy the same rights as the businessesfrom which it was formed.
Article 4
1. Applications for import rights may be presented only in the
Member State in which the applicant is registered for VAT purposes.
2.
For the purposes of the first subparagraph of Article 2(3)(a),
traders shall present applications for import rights to the competent
authorities together with the proof referred to in Article 2(6) by 21
June preceding the year of import in question at the latest.
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 of traders who meet the acceptance conditions, showing in parti-cular thier names and addresses and the number of animals importedduring the period referred to in the first subparagraph of Article2(3)(a).
3. For the purposes of Article 2(3)(b), applications for import rights,
together with the proof referred to in Article 2(6), must be lodged bytraders by 21 June preceding the year of import in question.
Only one application may be lodged by each applicant. Where the
same applicant lodges more than one application all applications fromthat person shall be invalid. No application shall be made for import
rights for a number of head exceeding 10 % of that available.
After verification of the documents presented, Member States shall
forward to the Commission, by the 10th working day following theend of the period for the submission of applications at the latest, thelist of applicants and quantities applied for.
4. All notifications, including notifications of an absence of applica-
tions, shall be made by fax, drawn up on the basis of the models inAnnexes II and III hereto.
Article 5
1. The Commission shall decide to what extent applications may be
accepted.
2. As regards applications under Article 4(3), where the quantities
applied for 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 100 head per application, the allocation shall bemade by drawing lots, by batches of 100 head, by the Member Statesconcerned. If the remaining quantity is less than 100 head, it 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 withthe application for import rights.1999R1128 — EN — 01.07.2002 — 004.001 — 5
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2. Import licence applications must be made for the quantity allo-
cated. 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 providedshall be released for the import rights applied for in excess of the rightsallocated.
Article 6
1. Imports of the quantities allocated in accordance with Article 5
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 quantitiesequivalent to the rights allocated.
3. Licences may be issued until 31 December of the year of import
up to a maximum of 50 % of the allocated import rights. Importlicences for the remaining import rights may be issued from 1 Januaryin the year of import.
4. Licence applications and licences shall contain the following
entries:
(a) in box 8, the indication of the countries referred to in Annex I;
licences shall carry with them an obligation to import from one ormore of the countries indicated;
(b) in box 16, CN subheading 010290 05;
(c) in box 20, the serial number 09.4598 and at least one of the
following:
— Reglamento (CE) N
o1128/1999
— Forordning (EF) Nr. 1128/1999— Verordnung EG) Nr. 1128/1999—Κανονισµός (ΕΚ) αριθ. 1128 /1999
— Regulation (EC) No 1128/1999
— Règlement (CE) n
o1128/1999
— Regolamento (CE) n. 1128/1999— Verordening (EG) Nr. 1128/1999— Regulamento (CE) n.
o1128/1999
— Asetus (EY) n:o 1128/1999
— Förordning (EG) nr 1128/1999.
5. Import licences issued pursuant to this Regulation shall be valid
for 90 days from their date of issue within the meaning of Article21(1) of Regulation (EEC) No 3719/88. However, licences may be
issued only with effect from 1 July of the year of import and shall
expire not later than 30 June.
6. Licences issued shall be valid throughout the Community.
7. Article 8(4) of Regulation (EEC) No 3719/88 shall not apply.
8. 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.1999R1128 — EN — 01.07.2002 — 004.001 — 6
(1) OJ L 152, 24.6.2000, p. 1.▼B
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Article 7
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 withProtocol 4 annexed to th e Europe Agree-
ments withth e central European associate countries and Protocol 3annexed to the Europe Agreements with the Baltic countries or adeclaration drawn up by the exporter in accordance with those Proto-cols.
Article 8
Regulations (EEC) No 3719/88 and (EC) No 1445/95 shall apply,
subject to the provisions of this Regulation.
Article 9
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1999R1128 — EN — 01.07.2002 — 004.001 — 7
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ANNEX I
Listofthirdcountries
Hungary
PolandCzechRepublic
Slovakia
RomaniaBulgariaLithuania
Latvia
Estonia1999R1128 — EN — 01.07.2002 — 004.001 — 8
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ANNEX II
EC fax No: (32 2) 296 60 27; (32 2) 295 36 13
ApplicationofArticle4(2)ofRegulation(EC)No1128/1999
SerialNo09.4598
1999R1128 — EN — 01.07.2002 — 004.001 — 9
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ANNEX III
EC Fax: (32 2) 296 60 27 (32 2) 295 36 13
ApplicationofArticle4(3)ofRegulation(EC)No1128/1999
SerialNo09.4598
1999R1128 — EN — 01.07.2002 — 004.001 — 10