Commission Regulation (EC) No 1012/98 of 14 May 1998 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
Date: 1998-05-14
Institutions: European Commission
Subjects: bull, cow, heifer, import, import licence, tariff quota

15. 5. 98

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Official Journal of the European Communities

L 145/13

COMMISSION REGULATION (EC) No 1012/98

of 14 May 1998

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

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
conclusion of the GATT Article XXIV.6 negotiations (1),
and in particular Article 1(1) thereof,

Whereas for bulls, cows and heifers, other than those
intended for slaughter, of the mottled Simmental breed
and the Schwyz and Fribourg breeds and for cows and
heifers, other than those intended for slaughter, of the
grey, brown, yellow and mottled Simmental breed and the
Pinzgau breed, the Community has undertaken, in the
framework of the World Trade Organisation (WTO), to
open two annual tariff quotas each of 5 000 head at rates
of duty of 6 and 4 % respectively; whereas those quotas
should therefore be opened on a multiannual basis for
starting from 1 July, hereinafter
12-month periods
import’, and detailed rules
referred to as the ‘year of
adopted for their application;

Whereas there should be a guarantee in particular of
equal and continuing access to the said quotas for all in-
terested traders within the Community and of uninter-
rupted application of the customs duties laid down for
those quotas to all imports of the animals in question
until the quotas are exhausted;

the greater part of

Whereas experience has shown that limiting imports may
lead to speculative import licence applications; whereas,
in order to ensure that the planned measures function
properly,
the quantities available
should be allocated to ‘traditional’ importers of cows and
heifers of specified mountain breeds; whereas, in order to
avoid forcing trade relations in this product group into an
excessively rigid mould, a second tranche should be made
available to traders who are able to show that they are
engaged in genuine trade of some scale with third coun-
tries; whereas, in this connection and in order to ensure
the trader concerned must be
efficient management,

(1) OJ L 146, 20. 6. 1996, p. 1.

required to have imported at least 15 head in the year
preceding the year of
import; whereas a batch of 15
animals in principle constitutes a normal load; whereas
experience shows that the sale or purchase of a single
batch is a minimum requirement for a transaction to be
considered genuine and viable; whereas verification of
these criteria requires all applications from the same trade
to be submitted in the same Member State where the
importer is listed in the VAT register;

in order

Whereas,
traders no
longer engaged in trade in beef and veal at 1 July of the
year of import should be denied access to the quota;

to prevent speculation,

to the provisions of

this Regulation,
Whereas, subject
Commission Regulations
(EEC) No 3719/88 of 16
November 1988 laying down common detailed rules for
the application of
import and export
the system of
licences and advance fixing certificates for agricultural
products (2), as last amended by Regulation (EC) No
1404/97 (3), and (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
last amended by Regulation (EC) No
2377/80 (4), as
759/98 (5), are applicable;

Whereas Article 82 of Council Regulation (EEC) No
2913/92 of 12 October 1992 establishing the Community
Customs Code (6), as last amended by Regulation (EC) No
82/97 (7), provides for customs supervision of goods put
into free circulation at a reduced rate of duty on account
of their end-use; whereas imported animals should be
monitored for a certain period to ensure they are not
slaughtered; whereas, in order to ensure that the animals
concerned are not
slaughtered, a security should be
required;

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

(2) OJ L 331, 2. 12. 1988, p. 1.
(3) OJ L 194, 23. 7. 1997, p. 5.
(4) OJ L 143, 27. 6. 1995, p. 35.
(5) OJ L 105, 4. 4. 1998, p. 7.
(6) OJ L 302, 19. 10. 1992, p. 1.
(7) OJ L 17, 21. 1. 1997, p. 1.

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Official Journal of the European Communities

15. 5. 98

HAS ADOPTED THIS REGULATION:

Article 1

The following tariff quotas are opened on a multiannual basis for periods from 1
1.
July to 30 June of the following year, hereinafter referred to as the ‘year of import’:

Order
No

CN code
(1)

Description

09.0001

09.0003

ex 0102 90 05
ex 0102 90 29
ex 0102 90 49
ex 0102 90 59
ex 0102 90 69

ex 0102 90 05
ex 0102 90 29
ex 0102 90 49
ex 0102 90 59
ex 0102 90 69
ex 0102 90 79

Cows and heifers, other than those
intended for slaughter, of the fol-
breeds:
lowing mountain
grey,
and mottled
brown,
Simmental breed and Pinzgau breed

yellow

Bulls, cows and heifers, other than
those intended for slaughter, of the
following
mottled
breeds:
Simmental breed and Schwyz and
Fribourg breeds

(1) TARIC code: see Annex I.

Quota
volume
(head of cattle)

Customs duty

5 000

6 %

5 000

4 %

2.
For the purposes of this Regulation, the animals
referred to in paragraph 1 shall be considered not to be
intended for slaughter if they are not slaughtered within
four months of the date of acceptance of the declaration
of release for free circulation.

of having imported from third countries, during the
12 months preceding the year of import in question,
at least 15 live bovine animals covered by CN code
0102.

Derogations may, however, be granted in the event of
duly proven cases of force majeure.

To benefit from the tariff quota covered by order No

3.
09.0003, the following must be presented:

— for bulls: a pedigree certificate,

— for female animals: a pedigree certificate or a certifi-
cate of registration in a herdbook certifying the purity
of the breed.

Article 2

Importers must be entered in a national VAT register.

2.
Upon application for the right to import, the first
part shall be allocated among importers in proportion to
their imports of animals as referred to in paragraph 1(a)
during the period referred to in that point.

3.
Upon application for the right to import, the second
part shall be allocated in proportion to the quantities
applied for by importers as referred to in paragraph 1(b).

Applications for the right to import:

— must cover 15 head or more,

and

— may not exceed 50 head.

1.
The two quota volumes referred to in Article 1(1)
shall each be divided into two parts of 80 %, i.e. 4 000
head, and 20 %, i.e. 1 000 head:

Applications for the right to import more than 50 head
shall be reduced automatically to that number.

(a) The first part, equal to 80 % of the quota volume,
shall be allocated to importers from the Community
who are able to furnish proof of having imported
animals covered by the quotas during the 36 months
preceding the year of import in question.

4.
Any quantities of one of the two parts of the same
tariff quota referred to in paragraph 1 not applied for shall
be transferred automatically to the other part of the quota
in question.

(b) The second part, equal to 20 % of the quota volume,
shall be reserved for applicants who can furnish proof

5.
Proof of import shall be provided exclusively by
means of the customs document of release for free circu-
lation duly endorsed by the customs authorities.

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Member States may accept a copy of the above document,
duly certified by the issuing authority, if applicants can
prove to the satisfaction of the competent authority that
they were not able to obtain the original document.

Article 3

Importers who on 1 July of the year of import in
1.
question were no longer engaged in any activity in the
beef and veal sector shall not qualify for an allocation
pursuant to Article 2(1)(a).

2.
Any company formed by the merger of companies
each having rights pursuant to Article 2(2) shall benefit
from the same rights as the companies from which it has
been formed.

Article 4

An application for the right to import may only be
1.
submitted in the Member State in which the applicant is
entered in a national VAT register.

An applicant may submit only one application per
2.
quota and that application shall refer to only one part of
the quota.

Where an applicant submits more than one application
for a quota, all applications from that person shall be
considered invalid.

3.
For the purposes of Article 2(2) and (3), all applica-
tions, accompanied by the proof referred to in Article 2(5),
must reach the competent authorities not later than 15
July of each year of import.

After verifying the documents submitted, the Member
States shall communicate to the Commission, not later
than 1 August of each year of import:

— as regards the importers referred to in Article 2(1)(a),
their names and addresses and the number of animals
imported during the period referred to in Article 2(2),

— as regards the importers referred to in Article 2(1)(b),
their names and addresses and the quantities applied
for.

All notifications, including nil notifications, shall be

4.
made to the address given in Annex II.

Article 5

The Commission shall decide to what extent ap-

1.
plications may be accepted.

2.
As regards the applications referred to in the second
indent of the second subparagraph of Article 3(3), if the

quantities in respect of which applications are made
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 15 head per application,
the allocation shall be by drawing lots, by batches of 15
head. If the remaining quantity is less than 15 head, a
single licence shall be issued for that quantity.

Article 6

Imports of quantities allocated shall be subject to

1.
presentation of an import licence.

Import licence applications may only be submitted
2.
to the competent authority of the Member State in which
the applicant is entered in a national VAT register.

After

the notification of

in accordance with Article 5(1)

3.
from the
import
Commission,
licences shall be issued as soon as possible on application
by and in the names of the traders who have obtained
rights to import.

allocations

4.
Import licences shall be valid for 90 days from the
date of issue within the meaning of Article 21(1) of Regu-
lation (EEC) No 3719/88. They shall expire, however, on
30 June following their date of issue.

5. Without prejudice to the provisions of this Regula-
tion, Regulations
(EEC) No 3719/88 and (EC) No
1445/95 shall apply.

import

licences issued pursuant

6. Notwithstanding Article 9(1) of Regulation (EEC)
No 3719/88,
to this
Regulation shall not be transferable and shall confer the
right to use the tariff quota only if made out in the name
entered on the declaration of release for free circulation
accompanying them.

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

7.
not apply.

Article 7

Checks to ensure that

1.
imported animals are not
slaughtered within four months of release for free circula-
tion shall be carried out in accordance with Article 82 of
Regulation (EEC) No 2913/92.

2. Without prejudice to the provisions of Regulation
(EEC) No 2913/92, to ensure compliance with the above
obligation not to slaughter the imported animals impor-
ters must lodge a security with the competent customs
authorities. This security shall equal the sum of customs
duties laid down for the categories of animal in question
under the common customs tariff.

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15. 5. 98

The security shall be released immediately if proof is
supplied to the customs authorities concerned that the
animals:

(a) have not been slaughtered within four months of the

date of release for free circulation;

or

(b) have been slaughtered within that period for reasons
constituting a case of force majeure or for health
reasons or have died as a result of sickness or an ac-
cident.

Article 8

On the licence application and the licence itself shall be
entered:

(a) in Section 8, the country of origin;

(b) in Section 16, the CN codes given in Annex I;

(c) in Section 20, one of the following:

— Razas alpinas y de monta ˜na [Reglamento (CE) no

1012/98], a ˜no de importación:

. . .

— Alpine racer og bjergracer (forordning (EF) nr.

1012/98), importår:

. . .

— Höhenrassen (Verordnung (EG) Nr. 1012/98);

Einfuhrjahr:

. . .

— Akpij ˜er jai oqes˜ibier vuk ˜er [jamomisl ˜or (EJ)

aqih. 1012/98],

˜etor eisacyc ˜gr:

. . .

— Alpine and mountain breeds (Regulation (EC) No

1012/98), year of import:

. . .

— Races alpines et de montagne [règlement (CE) no

— Razze alpine e di montagna [regolamento (CE) n.

1012/98], anno d’importazione:

. . .

— Bergrassen (Verordening (EG) nr. 1012/98), jaar van

invoer:

. . .

— Raças alpinas e de montanha [Regulamento (CE)

nº 1012/98], ano de importaç˜ao:

. . .

— Alppi- ja vuoristorotuja (asetus (EY) N:o 1012/98),

tuontivuosi:

. . .

— Alp- och bergraser (förordning (EG) nr 1012/98),

importår:

. . .

Article 9

licence applications
1. Quantities for which import
have not been received by 31 March of the year of import
shall be allocated to importers who have applied for
import licences for the total quantity to which they are
entitled, irrespective of the provisions of Article 2(1).

2.
To that end, not later than 10 April of the year of
import, Member States shall forward to the address given
in Annex II details of the quantities for which no applica-
tion has been received and the information referred to in
the second subparagraph of Article 3(3). The Commission
shall make the allocation by drawing lots by batches of 15
head. If the remaining quantity is less than 15 head, a
single licence shall be issued for that quantity. It shall
notify the Member States of the result not later than 17
April of the year of import.

For the purposes of this Article, Articles 6, 7 and 8

3.
shall apply.

Article 10

1012/98], année d’importation:

. . .

This Regulation shall enter into force on 1 July 1998.

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

Done at Brussels, 14 May 1998.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX I

TARIC codes

Order No

CN code

Taric code

0102 90 05 * 20
* 40
0102 90 29 * 20
* 40
0102 90 49 * 20
* 40
0102 90 59 * 11
* 19
* 31
* 39
0102 90 69 * 10
* 30

0102 90 05 * 30
* 40
* 50
0102 90 29 * 30
* 40
* 50
0102 90 49 * 30
* 40
* 50
0102 90 59 * 21
* 29
* 31
* 39
0102 90 69 * 20
* 30
0102 90 79 * 21
* 29

09.0001

ex 0102 90 05

ex 0102 90 29

ex 0102 90 49

ex 0102 90 59

ex 0102 90 69

09.0003

ex 0102 90 05

ex 0102 90 29

ex 0102 90 49

ex 0102 90 59

ex 0102 90 69

ex 0102 90 79

ANNEX II

COMMISSION OF THE EUROPEAN COMMUNITIES,

DG XXI-B.6 — Economic tariff questions;

fax:

(32 2) 296 33 06.