1999R1247 — EN — 01.06.2003 — 006.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)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
►M1CommissionRegulation(EC) No 1174/2000 of 31 May 2000 L 131 30 1.6.2000
►M2CommissionRegulation(EC) No 2857/2000 of 27 December 2000 L 332 55 28.12.2000
►M3CommissionRegulation(EC) No 1096/2001 of 5 Jun e 2001 L 150 33 6.6.2001
►M4CommissionRegulation(EC) No 1634/2002 of 13 September 2002 L 247 7 14.9.2002
►M5CommissionRegulation(EC) No 529/2003 of 24 March 2003 L 78 5 25.3.2003
►M6CommissionRegulation(EC) No 673/2003 of 14 April 2003 L 97 18 15.4.2003
►M7CommissionRegulation(EC) No 1144/2003 of 27 Jun e 2003 L 160 44 28.6.2003
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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 origi-
natingincertain 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 certainagricultural concessions 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 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 theUruguay Round Multilateral Trade Negotiations (
3), and in particular
Article 5 thereof,
(1)Whereas Regulations (EC) No 3066/95 and (EC) No 1926/96
provide for the opening of a tariff quota for 153 000 live bovine
animals each year, weighing from 80 to 300 kilograms and origi-
nating in Hungary, Poland, the Czech Republic, Slovakia,Romania, Bulgaria, Estonia, Latvia and Lithuania and qualifyingfor an80 % reductionincustoms duties; whereas it is n ecessaryto adopt detailed rules of application, on a multiannual basis, for
12-month periods beginning on 1 July, hereinafter called the
‘year of import’; whereas, to that end, the annual arrangementsprovided for inthe past for that quota should be applied;
(2)Whereas, with a view to preventing speculation, the quantityavailable should be made accessible to traders able to show thatthey 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 be
required to have exported and/or imported a minimum of 50
animals during the 12 months preceding the year of import inquestion; whereas a consignment of 50 animals in principleconstitutes a normal load; whereas experience has shown thatthe sale 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 be allo-cated after a reflection period and where necessary with a fixedpercentage 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 on1999R1247 — EN — 01.06.2003 — 006.001 — 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.
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applications and licences, where necessary by addition of certain
provisions of Commission Regulation (EEC) No 3719/88 of 16November 1988 laying down common detailed rules for the
application 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-
sionRegulation(EC) No 1445/95 of 26 Jun e 1995 onrules ofapplication 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);
(7)Whereas the measures provided for inthis Regulationare inaccordance with the opinion of the Management Committee forBeef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
1. 153000 live bovine animals falling within CN code 0102 9021,
0102 90 29, 0102 90 41 or 0102 9049 and originating in the third coun-tries 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 % for animals originating in the Czech Republic,
Slovakia, Estonia, Latvia and Lithuania,
— reduced by 90 % for animals originating in Bulgaria, Hungary and
Romania,
— abolished for animals originating in Poland.
Article 2
1. To be eligible under the quota provided for in Article 1, appli-
cants must be natural or legal persons and must prove to thesatisfactionof the competen t authorities of the Member State
concerned, at the time they submit their applications, that they have
imported and/or exported at least 75 animals covered by CN code0102 90 during the 12 months prior 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 theexport document, 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 can
prove to the satisfactionof the competen t authority that it is impossiblefor them to obtainthe origin als.1999R1247 — EN — 01.06.2003 — 006.001 — 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.▼M7
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Article 3
1. Applications for import rights may be presented only in the
Member State inwhich the applican t is registered for VAT purposes.
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 disre-
garded.
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 followingthe end of the period for the submission of applications at the latest,the list of applicants 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 beensubmitted.
Article 4
1. The Commissionshall decide as soonas possible what percen tage
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
reductionto be applied to the quan tities applied for.
Where the applicationof the reductionprovided for inthe first subpar-
agraph gives a figure of less than 50 head per application, the quantityavailable shall be awarded by the Member States concerned by drawinglots for import rights covering 50 head each. Where the remainder isless than 50 head, a single import right shall be awarded for that quan-
tity.
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
the 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 4
results inapplicationof a reductionpercen tage, the security providedshall be released for the import rights applied for inexcess of the rightsallocated.
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:
— inthe Member State inwhich the applicationfor import rights has
beenlodged, an d1999R1247 — EN — 01.06.2003 — 006.001 — 4
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— by traders to whom import rights have beenallocated. Import rights
allocated to traders entitle them to import licences for quantitiesequivalent to the rights allocated.
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 anobligationto import from on e 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 9029,
— 0102 90 41; 0102 9049;
(c) in box 20, the serial number 09.4537 and at least one of the
following:
— Reglamento (CE) n
o1247/1999
— 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) no1247/1999
— 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. Importlicences for the remaining import rights may be issued from 1 Januaryto the year of import.
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 n ot 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 inthe name entered on the declaration of release for free circulation
accompanying 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 adeclarationdrawnup by the exporter inaccordan ce with those Proto-cols.
Article 7
Regulations (EEC) No 3719/88 and (EC) No 1445/95 shall apply,
subject to this Regulation.1999R1247 — EN — 01.06.2003 — 006.001 — 5
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Article 8
This Regulation shall enter into force on the third day following its
publicationinthe Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable
inall Member States.1999R1247 — EN — 01.06.2003 — 006.001 — 6
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ANNEX I
EC Fax: (32 2) 296 60 27
ApplicationofRegulation(EC)No1247/1999
Serial No 09.4537
1999R1247 — EN — 01.06.2003 — 006.001 — 7
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ANNEX II
Listofthirdcountries
Hungary
Poland
Czech RepublicSlovakia
Romania
BulgariaLithuaniaLatvia
Estonia1999R1247 — EN — 01.06.2003 — 006.001 — 8