Proposal for a COUNCIL REGULATION (EEC) on the arrangements applicable to the importation into the Community of sheepmeat and goatmeat products originating in the Republics of Bosnia- Herzegovina, Croatia and Slovenia and the Yugoslav Republics of Macedonia, Montenegro and Serbia
Date: 1992-05-25
Institutions: European Commission
Subjects: Yugoslavia, goatmeat, import licence, market supervision, republic, sheepmeat

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

COM(92) 221 final 

Brussels, 25 May  1992 

Proposal  for a 

COUNCIL REGULATION  (EEC) 

on the arrangements applicable to the importation  into 
the Community of sheepmeat and goatmeat products originating 
in the Republics of Bosnia-Herzegovina,  Croatia and  Slovenia 
and the Yugoslav Republics of Macedonia, Montenegro and Serbia 

(presented  by the Commission) 

EXPLANATORY MEMORANDUM 

•1 

< 

In 1981 the Community concluded a voluntary restraint Agreement with the 
Socialist Federal Republic of Yugoslavia on trade in live animals and 
sheepmeat and goatmeat. 

The normal and balanced administration of the Agreement has proved to be 
impossible on account of the changes which have taken place since 1991 in 
that Republic and the creation of new Republics. 

In order to maintain a pattern of trade to the Community which has 
traditionally existed, the Commission is proposing to suspend the system of 
administering the Agreement and to provide temporarily  for its exclusive 
administration by the Community. 

The attached proposal for a Regulation has as its subject matter such 
measures. 

The proposal has no consequences for small and medium-sized undertakings. 

proposal  for GL 

Council  Regulation  (EEC) No  ... 
on  the  arrangements  applicable  to  the  importation  into 
the  Community  of  sheepmeat  and  goatmeat  products  originating 
in the Republics  of  Bosnia-Herzegovina,  Croatia  and  Slovenia 
and  the  Yugoslav  Republics  of Macedonia, Montenegro  and  Serbia 

~} 
JS 

THE  COUNCIL  OF  THE  EUROPEAN  COMMUNITIES, 

Having  regard  to the Treaty  establishing  the  European  Economic  Community, 
and  in particular  Article  113  thereof 

Having  regard  to  the proposal  from  the  Commission, 

Whereas  the  normal  and  balanced  administration  of  the  1981  Agreement 
between  the European  Economic  Community  and  the  Socialist  Federal  Republic 
of  Yugoslavia  on  trade  in the  sheepmeat  and  goatmeat  sector, which  entered 
into  force on  1 January  1 9 8 1 t1),  as  adjusted  by  the  1990 Agreement  which 
entered  into  force  on  1 January  1 9 8 9 ^ ),  has  proved  to be  impossible  on 
account  of  the  changes  which  have taken  place  since  1991  in that  Republic; 
whereas  the  creation  of  new Republics, some  of  which  are  recognized  by  the 
Community,  represents  a profound  change  in the  conditions  under  which  the 
said  Agreement  has  been  administered  until  now; 

Whereas,  in order  to  avoid  a disruption  of  the pattern  of  trade which  has 
traditionally  existed  under  the  said Agreement,  it would  be  appropriate, 
while maintaining  the  substance  of  the Agreement, to  suspend  its  system  of 
administration  and  provide, on  a temporary  basis, for  the  exclusive 
administration  of  the  agreed  arrangements  by  the Community;  whereas  in 
this  respect  the  issue  of  an  import  licence  should  no  longer  be  conditional 
on the  submission  of  a Yugoslav  export  licence  and  steps  should  be  taken  to 
ensure  the  fair  distribution  of the  quantities  agreed  among  the  various 
Republics; 

(1) OJ  No L  137, 23.5.1981, p. 29. 
(2) OJ  No L  95, 12.4.1990, p.  1. 

Whereas, in order to ensure this fair distribution of imports among the 
Republics in question, rules should be laid down for checking the origin of 
the products imported; 

Whereas this Regulation is without prejudice to Council Directive 
72/462/EEC of 12 December 1972 on health and veterinary  inspection problems 
upon importation of bovine animals and swine and fresh meat from third 
countries^2), as last amended by Directive 89/227/EEC(3), 

7 

HAS ADOPTED THIS REGULATION: 

Article 1 

The administration of the import arrangements laid down in points 9 and 10 
of the 1981 Agreement between the European Economic Community and the 
Socialist Federal Republic of Yugoslavia on trade in the sheepmeat and 
goatmeat sector and in points 2 and 3 of the 1990 adjustment Agreement is 
hereby suspended and replaced by the following arrangements. 

Article 2 

1. In order to comply with the Agreement referred to in Article 1 and in 
particular the quantities specified therein, the importation of any of 
the products specified  in the Agreement  shall be conditional on the 
submission of an import licence as provided  for in Article 15 of 
Regulation  (EEC) No 3013/89(4).  The issue of such licence shall be 
conditional on the provision of a security as a guarantee that 
importation will be effected during the period of validity of the 
licence.  The security shall be wholly or partially  forfeit  if the 
operation is not carried out, or is only partially carried out, within 
this time limit. 

(2) OJ No L 302, 31.12.1972, p. 28. 
(3) OJ No L  93,  6. 4.1989, p. 25. 
(4) OJ No L 289,  7.10.1989, p.  1. 

5 

2. Applications  for an import  licence shall be accompanied  by a document 

setting out the name of the Republic  in which the products  concerned 
originate. 

3. On the issue of import  licences for the products referred to in the 1981 

Agreement, care must be taken to ensure a fair distribution of the 
licences among the various Republics with particular  attention being 
devoted to the distribution of production among those Republics. 

Article 3 

1. Detailed  rules for the application of this Regulation  shall be adopted 

by the Commission  in accordance with the procedure  laid down in Article 
30 of Regulation  (EEC) No 3013/89. 

2. The detailed  rules shall concern in particular: 

(a)  the issue of import  licences on the basis of the criterion  referred 

to in Article 2(3) and, where necessary, the adoption of rules on 
the origin of the products concerned; 

(b)  the suspension  for the remainder of the year of  imports  originating 

in the various Republics if during that period: 

- 

- 

the imports originating  in the various Republics exceed the 
quantities referred to in the 1981 Agreement, or 

the individual  imports from one of those Republics exceed 
the quantities arising from the fair distribution  referred 
to in Article 2(3) of this Regulation; 

(c)  the monitoring, on the basis of the monthly price average, of the 
prices at which lamb carcases and live animals originating  in the 
Republics referred to in this Regulation  are  imported; 

<r 

(d)  the determination of the measures to be taken, if necessary, in 

cases where a drop in the prices for lamb carcases and/or live 
animals imported from the Republics is observed  in a Member State 
and is indicative of a problem; 

(e)  the temporary measures necessary to facilitate the introduction of 

the import arrangements provided for in this Regulation. 

Article 4 

This Regulation shall enter into force on the day of 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. 

Done at 

For the Council 
The President 

3-

KSN 0254-1475 

COM(92) 221 final 

DOCUMENTS 

EN 

03 

Catalogue number : CB-CO-92-231-EN-C 

ISBN 92-77-44483-5 

Office for Officiai Publications of the European Communities 
1X2985 Luxembourg