Commission Regulation (EC) No 260/98 of 30 January 1998 amending both Regulation (EC) No 1445/95 on rules of application for import and export licences in the beef and veal sector and Regulations (EC) No 589/96, (EC) No 935/97, (EC) No 936/97, (EC) No 995/97, (EC) No 996/97, (EC) No 1006/97, (EC) No 1042/97, (EC) No 1376/97, (EC) No 1939/97 and (EC) No 1940/97
Date: 1998-01-30
Institutions: European Commission
Subjects: beef, common organisation of markets, export licence, import licence, quantitative restriction, tariff quota

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31. 1. 98

COMMISSION REGULATION (EC) No 260/98

of 30 January 1998

amending both Regulation (EC) No 1445/95 on rules of application for import
and export licences in the beef and veal sector and Regulations (EC) No 589/96,
(EC) No 935/97, (EC) No 936/97, (EC) No 995/97, (EC) No 996/97, (EC) No 1006/97,
(EC) No 1042/97, (EC) No 1376/97, (EC) No 1939/97 and (EC) No 1940/97

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 805/68 of
27 June 1968 on the common organisation of the market
in beef and veal (1), as last amended by Regulation (EC)
No 2634/97 (2), and in particular Articles 9 and 25
thereof,

Having regard to Council Regulation (EEC) No 715/90 of
5 March 1990 on the arrangements applicable to agricul-
tural products and certain goods
resulting from the
processing of agricultural products originating in the ACP
States or in the overseas countries and territories (OCT) (3),
as last amended by Commission Regulation (EC) No
619/96 (4), and in particular Article 27 thereof,

Having regard to Council Regulation (EC) No 1095/96 of
18 June 1996 on the implementation of the concessions
set out in Schedule CXL drawn up in the wake of the
the GATT (Article XXIV (6)) negotia-
conclusion of
tions (5), and in particular Article 1(1) thereof,

Having regard to Council Regulation (EC) No 3066/95 of
22 December 1995 establishing certain concessions in the
form of Community tariff quotas for certain agricultural
products and providing for the adjustment, as an autono-
mous 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 Round of multilateral trade negotia-
tions (6),
amended by Regulation (EC) No
1595/97 (7), and in particular Article 8 thereof,

last

as

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 autono-
mous and transitional measure, of certain agricultural
concessions provided for in the agreements on free trade

(1) OJ L 148, 28. 6. 1968, p. 24.
(2) OJ L 356, 31. 12. 1997, p. 13.
(3) OJ L 84, 30. 3. 1990, p. 85.
(4) OJ L 89, 10. 4. 1996, p. 1.
(5) OJ L 146, 20. 6. 1996, p. 1.
(6) OJ L 328, 30. 12. 1995, p. 31.
(7) OJ L 216, 8. 8. 1997, p. 1.

and trade-related matters with Estonia, Latvia and Lithu-
ania, to take account of the Agreement on Agriculture
concluded during the Uruguay Round of multilateral
trade negotiations (8), and in particular Article 5 thereof,

Whereas the securities against import licences for live
animals and meat are not consistent in the various regula-
tions; whereas they should be updated and harmonised;

Whereas Article 6 of Commission 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 (9),
last
amended by Regulation (EC) No 2616/97 (10), lays down
the time limits by which and the ways in which the
the
Member States must notify the Commission of
quantities of products for which import licences have
been issued;

as

Whereas there are serial numbers in the Integrated Tariff
of the European Communities (TARIC) that enable iden-
tification of the preferential arrangements, the products
involved and in certain cases their origin; whereas the
Member States should be required to put these numbers
on the import licences or extract(s) therefrom and to use
them in their notifications to the Commission;

Whereas not all of the regulations laying down detailed
implementing rules for import quotas include TARIC
serial numbers for quotas; whereas the numbers should be
included in the regulations in question;

Whereas some regulations laying down rules of applica-
tion for imports of bovine products require the Member
States to notify the Commission of the quantities actually
imported; whereas, to bring clarity and to reduce the extra
administrative burden, these provisions must be simpli-
fied and introduced into Regulation (EC) No 1445/95;

Whereas the competent national authority issuing the
licence does not always know the country of
import
origin of
the quantities imported under tariff quotas
opened for several countries or of the quantities imported
subject
the
country of origin in the case of tariff quotas or in the case
of non-preferential imports should be made a primary

to CCT duties; whereas identification of

(8) OJ L 254, 8. 10. 1996, p. 1.
(9) OJ L 143, 27. 6. 1995, p. 35.
(10) OJ L 353, 24. 12. 1997, p. 8.

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requirement within the meaning of Commission Regula-
tion (EEC) No 2220/85 of 22 July 1985 laying down
common detailed rules for the application of the system
of securities for agricultural products (1), as last amended
by Regulation (EC) No 3403/93 (2), and entry of
the
country of origin for the quotas in question and for non-
preferential imports in column 31 of the import licence
or extract thereof should therefore be required;

Whereas each import licence must in all cases be accom-
panied by a security, if it is greater than ECU 5; whereas a
derogation should be made from the second subparagraph
of Article 14(3) 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 and advance fixing certificates for
agricultural products (3), as last amended by Regulation
(EC) No 1404/97 (4);

Whereas, to speed up the return of the import licence or
its extract, a derogation should be made from the provi-
sions of Regulation (EEC) No 3719/88 as regards the
the security and the
forfeiture of
percentage partial
maximum time limit for providing proof of import;

tariff quotas for high-quality fresh, chilled and frozen
beef and for frozen buffalo meat (7), as last amended
by Regulation (EC) No 31/98 (8),

— Commission Regulation (EC) No 995/97 of 3 June
1997 laying down, for the period 1 July 1997 to 30
June 1998, detailed rules of application for the tariff
quotas for beef provided for in Council Regulation
(EC) No 1926/96 for Estonia, Latvia and Lithuania (9),

— Commission Regulation (EC) No 996/97 of 3 June
1997 on the opening and administration of an import
tariff quota for frozen thin skirt of bovine animals
falling within CN code 0206 29 91 (10), as amended by
Regulation (EC) No 2048/97 (11),

— Commission Regulation (EC) No 1006/97 of 4 June
1997 opening and providing for the administration of
an import tariff quota for frozen beef intended for
processing (1 July 1997 to 30 June 1998) (12),

— Commission Regulation (EC) No 1042/97 of 10 June
1997 opening and providing for the administration of
a tariff quota for frozen meat of bovine animals falling
within CN code 0202 and products falling within CN
code 0206 29 91 (1 July 1997 to 30 June 1998) (13),

Whereas the inclusion of the above provisions in a single
regulation means that the corresponding provisions in the
regulations already in force must be deleted;
other
whereas
the following Commission regulations must
accordingly be amended:

— Commission Regulation (EC) No 1376/97 of 17 July
1997 opening and providing for the administration of
an import tariff quota for young male bovine animals
for fattening (1 July 1997 to 30 June 1998) (14),

— Commission Regulation (EC) No 589/96 of 2 April
1996 laying down detailed rules for the application in
the beef and veal sector of Council Regulation (EEC)
No 715/90 on the arrangements applicable to agricul-
tural products and certain goods resulting from the
processing of agricultural products originating in the
African, Caribbean and Pacific States or in the over-
seas countries and territories (5),

— Commission Regulation (EC) No 1939/97 of 3
October 1997 laying down, for the period 1 July 1997
to 30 June 1998, rules for the application of the tariff
quotas for beef and veal provided for by Council
Regulation (EC) No 3066/95 for the Republic of
Poland, the Republic of Hungary, the Czech Republic,
Slovakia, Bulgaria and Romania and amending Regu-
lations (EC) Nos 2512/96 and 1441/97 (15),

— Commission Regulation (EC) No 935/97 of 27 May
1997 opening and providing for the administration of
tariff quotas for the import of bulls, cows and heifers,
other than those intended for slaughter, of certain
Alpine and mountain breeds, for the period 1 July
1997 to 30 June 1998 (6),

— Commission Regulation (EC) No 1940/97 of 3
October 1997 laying down detailed rules for a tariff
quota for cows and heifers of specified mountain
breeds originating in various third countries other
than for slaughter, in the period 1 July 1997 to 30
June 1998,
and amending Regulation (EC) No
2514/96 (16);

— Commission Regulation (EC) No 936/97 of 27 May
1997 opening and providing for the administration of

(1) OJ L 205, 3. 8. 1985, p. 5.
(2) OJ L 310, 14. 12. 1993, p. 4.
(3) OJ L 331, 2. 12. 1988, p. 1.
(4) OJ L 194, 23. 7. 1997, p. 5.
(5) OJ L 84, 3. 4. 1996, p. 22.
(6) OJ L 137, 28. 5. 1997, p. 3.

(7) OJ L 137, 28. 5. 1997, p. 10.
(8) OJ L 5, 9. 1. 1998, p. 3.
(9) OJ L 144, 4. 6. 1997, p. 2.
(10) OJ L 144, 4. 6. 1997, p. 6.
(11) OJ L 287, 21. 10. 1997, p. 10.
(12) OJ L 145, 5. 6. 1997, p. 10.
(13) OJ L 152, 11. 6. 1997, p. 2.
(14) OJ L 189, 18. 7. 1997, p. 3.
(15) OJ L 272, 4. 10. 1997, p. 23.
(16) OJ L 272, 4. 10. 1997, p. 28.

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Whereas the measures provided for in this Regulation are
in accordance with the opinion of
the Management
Committee for Beef and Veal,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1445/95 is amended as follows:

1. Article 4 is replaced by:

‘Article 4

The security against import licences shall be:

— ECU 5 per head for live animals,

— ECU 12 per 100 kg net weight for other products.’

2. Article 5 is replaced by:

‘Article 5

1. Without prejudice to more specific provisions,
licence applications shall be made for products of:

— a single Combined Nomenclature subheading,

were actually imported in the period from 1 July of
the previous year to 30 June of the year in question.

All notifications, including ‘Nil’ returns, shall be made
as indicated in Annex II(B), and shall contain the
quantities imported:

— in the case of preferential arrangements, for all the
serial numbers in each regulation, broken down by
month of import and by country of origin and, in
the case of certain quotas for live animals, by
product code,

— in the case of non-preferential arrangements, for
each product code, broken down by month of
import and country of consignment.

Article 6b

In the case of non-preferential imports or tariff quotas
that are open for several third countries, in column 31
of the import licence or extract thereof in addition to
the information already stipulated by Regulation (EEC)
No 3719/88, the country of origin in the case of pref-
erential imports and in the case of non-preferential
imports must be shown when the licence or extract is
charged against the quota.

The requirement laid down in this Article is a primary
requirement within the meaning of Article 20 of
Commission Regulation (EEC) No 2220/85.

or

Article 6c

— one of

the groups of Combined Nomenclature

subheadings listed in Annex I.

The second subparagraph of Article 14(3) of Regula-
tion (EEC) No 3719/88 shall not apply.

The information shown on the application shall be
carried over to the licence.

Article 6d

2.
The body issuing the import licence shall indi-
cate the serial number for the quota in the Integrated
Tariff of the European Communities (TARIC) in box
20 of the licence or extracts thereof.’

3. Article 6 is replaced by:

‘Article 6

Before the 10th day of each month, Member States
shall notify to the Commission, by telex or fax, the
quantities of products for which licences were issued
in the previous month.

All notifications, including ‘Nil’ returns, shall be made
as indicated in Annex II(A), using the codes indicated
and, in the case of preferential arrangements, the serial
number for the quotas in the Integrated Tariff of the
European Communities (TARIC).’

Notwithstanding Article 33(3) (b) (ii) of Regulation
(EEC) No 3719/88, the maximum time limit for pro-
viding proof of import with partial forfeiture of the
security shall be four months following expiry of the
licence and the partial
forfeiture shall be fixed at
50 %.’

5. Annex I is replaced by Annex I to this Regulation.

6. Annex II is replaced by Annexes II(A) and II(B) to this

Regulation.

Article 2

Regulation (EC) No 589/96 is amended as follows:

4. The following Articles are added after Article 6:

1. The following subparagraph is added to Article 1(1):

‘Article 6a

Before the 10th of November each year, the compe-
tent national authorities shall notify to the Commis-
sion, by telex or fax, the quantities of products which

‘The annual quantities from the different countries
listed above shall bear the following serial numbers: for
the Botswana quota: 09.4052, for Kenya: 09.4054, for
Madagascar: 09.4051,
for
for Swaziland: 09.4053,
Zimbabwe: 09.4055 and for Namibia: 09.4056.’

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2. Article 6 is deleted.

3. Annex II is deleted.

Article 9

Regulation (EC) No 1376/97 is amended as follows:

Article 3

1. Article 5(5)(b) is replaced by:

Regulation (EC) No 935/97 is amended as follows:

1. Article 5(7) is replaced by the following:

Article 8(4) of Regulation (EEC) No 3719/88

‘7.
shall not apply.’

‘(b) in box 16 one of the appropriate CN codes.’

2. Articles 6(3), 6(4), 8 and 9 are deleted.

3. Annex II is deleted.

2. Articles 5(8), 8 and 9 are deleted.

3. Annex III is deleted.

Article 4

In Regulation (EC) No 936/97 Articles 10(3), 10(4), 11 and
12 are deleted.

Article 5

In Regulation (EC) No 995/97 Articles 4(3), 4(4), 5 and 6
are deleted.

Article 6

In Regulation (EC) No 996/97 Articles 9(3), 9(4), 10 and
11 are deleted.

Article 10

In Regulation (EC) No 1939/97 Articles 6 and 7 are
deleted.

Article 11

Regulation (EC) No 1940/97 is amended as follows:

1. The second subparagraph of Article 6(6) is replaced by

the following:

‘However, Article 8(4) of Regulation (EEC) No 3719/88
shall not apply.’

Article 7

2. Articles 9 and 10 are deleted.

Regulation (EC) No 1006/97 is amended as follows:

1. Articles 5(5), 5(6), 10 and 11 are deleted.

2. Annex II is deleted.

Article 8

Article 12

This Regulation shall enter
into force on the day
following its publication in the Official Journal of the
European Communities.

In Regulation (EC) No 1042/97 the second subparagraph
of Article 8(4) and Articles 8(5), 9 and 10 are deleted.

It shall apply to import
February 1998.

licences applied for from 1

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 30 January 1998.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX I

LIST REFERRED TO IN ARTICLE 5

— 0102 90 05

— 0102 90 21, 0102 90 29

— 0102 90 41 to 0102 90 49

— 0102 90 51 to 0102 90 79

— 0201 10 00, 0201 20 20

— 0201 20 30

— 0201 20 50

— 0201 20 90

— 0201 30 00, 0206 10 95

— 0202 10 00, 0202 20 10

— 0202 20 30

— 0202 20 50

— 0202 20 90

— 0202 30 10

— 0202 30 50

— 0202 30 90

— 0206 29 91

— 0210 20 10

— 0210 20 90, 0210 90 41, 0210 90 90

— 1602 50 10, 1602 90 61

— 1602 50 31

— 1602 50 39

— 1602 50 80

— 1602 90 69

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ANNEX II(A)

NOTIFICATION OF IMPORT LICENCES

(Codes shown must be used)

Member State:

..........................................................................................................................................................

Application of Article 6 of Regulation (EC) No 1445/95

Quantities of products for which import licences were issued

From:

................................................................................. to:

.................................................................................

1. Preferential arrangements
Serial No

Product code(s) (1)

Quantity
(tonnes or heads)

Country of origin (2)

2. Non-preferential
imports

(1) The following three-figure product codes are to be used.

Code

CN code

110
120
130
140

210
220
230
240
250

310
320
330
340
350
360
370
380

410
420

510
520
530
540
550

0102 90 05
0102 90 21 and 0102 90 29
0102 90 41 and 0102 90 49
0102 90 51 and 0102 90 79

0201 10 00 and 0201 20 20
0201 20 30
0201 20 50
0201 20 90
0201 30 and 0206 10 95

0202 10 and 0202 20 10
0202 20 30
0202 20 50
0202 20 90
0202 30 10
0202 30 50
0202 30 90
0206 29 91

0210 20 10
0210 20 90, 0210 90 41 and 0210 90 90

1602 50 10 and 1602 90 61
1602 50 31
1602 50 39
1602 50 80
1602 90 69

(2) Only to be completed for quota No 09.4002 (‘High-quality meat’).

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ANNEX II(B)

NOTIFICATION OF ACTUAL IMPORTS

(Codes shown must be used)

Member State: ...........................................................................................................................................................

Application of Article 6a of Regulation (EC) No 1445/95

Quantities of products (kg or head) actually imported:

1. Preferential arrangements (1)

Serial No(s) for each regulation

Country of origin
Month

Country A

Country B

Country . . .

Country Z

Month 1

Month 2

. . .

. . .

. . .

Month 11

Month 12

Total 12 months

2. Non-preferential imports

Product code given in Annex II(A):

Country of origin
Month

Country A

Country B

Country . . .

Country Z

Month 1

Month 2

. . .

. . .

. . .

Month 11

Month 12

Total 12 months

(1) For live-animal quotas Nos 09.4005 and 09.4537, the imported quantities should also be broken down by product code as

given in Annex II(A).