1999R1128 — EN — 06.06.2001 — 003.001 — 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
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COMMISSIONREGULATION(EC)No1128/1999
of28May1999
layingdowndetailedrulesofapplicationforatariffquotaforcalves
weighing not more than 80 kilograms originating in certain third
countries
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 agricultural
concessions provided for in the Europe Agreements to take account of
the Agreement on Agriculture concluded during the Uruguay RoundMultilateral 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 adjustment,as an autonomous and transitional measure, of certain agricultural
concessions 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,
Having regard to Council Decision 98/677/EC of 18 May 1998 on the
conclusion of a Protocol adjusting trade aspects of the EuropeAgreement establishing an association between the European Commu-nities and their Member States, of the one part, and the Republic of
Lithuania, of the other part, to take account of the accession of the
Republic 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 existingpreferential 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
Agreement establishing an association between the European Commu-
nities and their Member States, of the one part, and the Republic ofEstonia, 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(
5), and in particular Article 2 thereof,
(1)Whereas Regulations (EC) No 3066/95 and (EC) No 1926/96 and
Decisions 98/677/EC and 1999/86/EC provide for the opening ofa tariff quota for an annual volume of 178 000 live bovineanimals weighing 80 kilograms or less originating in Hungary,
Poland, the Czech Republic, Slovakia, Romania, Bulgaria,
Estonia, Latvia and Lithuania and benefiting from an 80 %reduction in the rate of customs duties; whereas it is necessary toadopt, on a multiannual basis, for 12-month periods beginning on1 July, hereinafter called the ‘year of import’, detailed rules ofapplication; whereas, to that end, the annual arrangements
provided for in the past for that quota should be applied;
(2)Whereas experience shows that limiting imports can give rise to
speculative import applications; whereas, in order to guaranteethat the planned measures function correctly, most of thequantitioes available should be reserved for ‘traditional’ importers1999R1128 — 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.
(4) OJ L 321, 30.11.1998, p. 1.
(5) OJ L 29, 3.2.1999, p. 9.
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of live bovine animals; whereas in certain cases administrative
errors by the competent national body threaten to restrict accessby traders to this part of the quota; whereas there should be
provision to correct any harm caused;
(3)Whereas, so as not to introduce rigidity into trade relations in the
sector, a second allocation should be made available for tradersable to show that they are carrying out a genuine activityinvolving trade in a significant number of animals with third
countries; whereas, in consideration of this and in order to ensure
efficient management, a minimum of 100 animals should berequired to have been exported and/or imported during the 12months preceding the year of import in question by the tradersconcerned; whereas a batch of 100 animals in principle
constitutes a normal load; whereas experience has shown that
the sale or purchase of a single batch is a minimum requirementfor a transaction to be considered real and viable;
(4)Whereas verification of these criteria requires all applicationsfrom the same trader to be submitted in the Member State wherethe trader is registered for VAT purposes;
(5)Whereas, so as to avoid speculation, access to the quota should bedenied to ‘traditional’ traders no longer carrying out an activity inthe beef and veal sector on 1 June preceding the year of import inquestion;
(6)Whereas it should be stipulated that import rights are to be
allocated after a reflection period and where necessary with a
fixed percentage reduction applied;
(7)Whereas, to ensure orderly importation, the issue of the licencesshould 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 the
submission 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 16November 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 168/1999(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);
(9)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
With the exception of imports under the tariff quotas for the importation
of 169 000 young male bovine animals for fattening and 153 000 live
bovine animals weighing between 80 and 300 kilograms, imports into
the Community of live bovine animals falling within CN codes0102 90 05, 0102 90 21, 0102 90 29, 0102 90 41 and 0102 90 49 andreferred to in Article 1(1)(a) of Council Regulation (EEC) No 805/68(
5),
originating in the countries listed in Annex I, shall be subject to themanagement measures laid down in this Regulation.1999R1128 — EN — 06.06.2001 — 003.001 — 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.
(5) OJ L 148, 28.6.1968, p. 24.
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Article 2
1. Import licences under this Regulation may be issued on a
multiannual basis for periods from 1 July to 30 June of the followingyear (hereinafter called ‘the year of import’), for individual years of
import only for 178 000 animals falling within CN code 0102 90 05
originating 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 % 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.
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 animalsunder 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
allocated because of an administrative error by the competentnational body.
(b) the second part, equal to 30 %, i.e. 53 400 head, shall be allocated
among traders who can furnish proof of having imported and/orexported during the 12 months preceding the year of import in
question at least 100 live bovine animals falling withn CN code
0102 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 run from1 July 1997 to 30 June 2000, and that referred to at (b) shall run from 1July 1999 to 30 June 2000.
4. The 124 600 head shall be allocated on the basis of applications for
import rights among the eligible importers in proportion to their importsof animals within the meaning of the first subparagraph of paragraph3(a) during the period referred to in that point and proven in accordance
with paragraph 6.
5. The 53 400 head shall be allocated among the eligible traders in
proportion to the quantities applied for within the meaning of paragraph
3(b) and proven in accordance with paragraph 6.
6. Proof of import and export shall be provided exclusively by means
of the customs document of release for free circulation or the exportdocument 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 satisfaction ofthe competent authority that they were not able to obtain the originaldocuments.
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 shallnot qualify for the allocation under the first subparagraph of Article2(3)(a).1999R1128 — EN — 06.06.2001 — 003.001 — 4
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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 authoritiestogether with the proof referred to in Article 2(6) by 21 June precedingthe 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 endof the period for the submission of applications at the latest, the list oftraders who meet the acceptance conditions, showing in particular thiernames and addresses and the number of animals imported during the
period referred to in the first subparagraph of Article 2(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 from thatperson shall be invalid. No application shall be made for import rightsfor 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 the endof the period for the submission of applications at the latest, the list ofapplicants and quantities applied for.
4. All notifications, including notifications of an absence of
applications, shall be made by fax, drawn up on the basis of the modelsin Annexes 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 reducethe 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 asingle ba tch.
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 with the
application 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 5
results in application of a reduction percentage, the security provided1999R1128 — EN — 06.06.2001 — 003.001 — 5
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shall be released for the import rights applied for in excess of the rights
allocated.
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. Import licences forthe remaining import rights may be issued from 1 January in the year ofimport.
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 0102 90 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 Article 21(1) ofRegulation (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 if madeout in the name entered on the declaration of release for free circulationaccompanying them.1999R1128 — EN — 06.06.2001 — 003.001 — 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 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 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 — 06.06.2001 — 003.001 — 7
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ANNEX I
Listofthirdcountries
Hungary
PolandCzech Republic
Slovakia
RomaniaBulgariaLithuania
Latvia
Estonia1999R1128 — EN — 06.06.2001 — 003.001 — 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 — 06.06.2001 — 003.001 — 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
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